[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3101 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3101
To ensure that individuals with disabilities have access to emerging
Internet Protocol-based communication and video programming
technologies in the 21st century.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2009
Mr. Markey of Massachusetts introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To ensure that individuals with disabilities have access to emerging
Internet Protocol-based communication and video programming
technologies in the 21st century.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Twenty-first
Century Communications and Video Accessibility Act of 2009''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--COMMUNICATIONS ACCESS
Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to Internet-based services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency access and real-time text support.
Sec. 107. Internet access service interface.
TITLE II--VIDEO PROGRAMMING
Sec. 201. Commission inquiry on closed captioning decoder and video
description capability, user interfaces,
and video programming guides and menus.
Sec. 202. Closed captioning decoder and video description capability.
Sec. 203. Video description and closed captioning.
Sec. 204. User interfaces regulations.
Sec. 205. Access to video programming guides and menus.
TITLE I--COMMUNICATIONS ACCESS
SEC. 101. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by adding at the end the following new paragraphs:
``(53) Disability.--The term `disability' has the meaning
given such term under section 3(2)(A) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), as such
section may be amended from time to time.
``(54) Interconnected voip service.--The term
`interconnected VoIP service' has the meaning given such term
by section 9.3 of the Commission's rules (47 C.F.R. 9.3).
``(55) Advanced communications.--The term `advanced
communications' means--
``(A) interconnected VoIP service;
``(B) non-interconnected VoIP service;
``(C) electronic messaging; and
``(D) video conferencing.
``(56) 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.
``(57) Electronic messaging.--The term `electronic
messaging' means a service that provides non-voice messages in
text form between persons over communications networks.
``(58) Internet access equipment.--The term `Internet
access equipment' means equipment that is used to combine
computer processing, information provision and computer
interactivity with data transport, enabling users to run a
variety of applications, including e-mail.
``(59) Internet access service.--The term `Internet access
service' means a service that combines computer processing,
information provision, and computer interactivity with data
transport, enabling end users to access the Internet and use a
variety of applications, including e-mail.
``(60) Video conferencing.--The term `video conferencing'
means a service that provides real-time video communications,
including audio, to enable users to share information of the
user's choosing.
``(61) Consumer generated media.--The term `consumer
generated media' means posts or content made by consumers to
online sites and venues on the Internet, including video,
audio, and multimedia content created by such consumers.''; 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.--Section 710(b)(1) of the
Communications Act of 1934 (47 U.S.C. 610(b)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by inserting ``and'' after the comma at the end of
subparagraph (B); and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) to the extent technologically feasible, all
customer premises equipment used to provide advanced
communications that provides voice communication via a
built-in speaker (typically held to the ear) and that
are manufactured in the United States (other than for
export) more than one year after the date of enactment
of the Twenty-first Century Communications and Video
Accessibility Act of 2009, or are shipped in interstate
commerce in the United States more than one year after
such date,''.
(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 a relevant technical standard developed through a public
participation process will be deemed compatible with this section if
such standard has been reviewed and approved by national organizations
representing consumers who will be using such telephone or equipment,
until such times as the Commission may deem 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 designate the national consumer organizations for
purposes of this section and shall remain the final arbiter as to
whether the standard meets the requirements of this section.''
SEC. 103. RELAY SERVICES.
(a) Definition.--Paragraph (3) of section 225(a) of the
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as
follows:
``(3) Telecommunications relay services.--The term
`telecommunications relay services' means telephone
transmission that provides the ability for an individual who is
deaf, 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
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 2009, 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
64.404(c)(5)(iii) of the Commission's regulations (47 C.F.R.
64.404(c)(5)(iii)), as in effect on the date of enactment of such Act,
in a manner prescribed by the Commission by regulation to provide for
obligations of such providers that are consistent with and comparable
to the obligations of other contributors to such Fund.''.
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.) is amended by inserting after section 715
(as added by section 103 of this Act) the following new sections:
``SEC. 716. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.
``(a) Manufacturing.--With respect to equipment manufactured after
the effective date of the regulations established pursuant to
subsection (e), and subject to those regulations, a manufacturer of
equipment used for advanced communications, including end user
equipment, network equipment, and software, shall ensure that the
equipment and software that such manufacturer designs, develops, and
fabricates shall be accessible to and usable by individuals with
disabilities, unless the requirement of this subsection would result in
an undue burden.
``(b) Service Providers.--With respect to services provided after
the effective date of the regulations established pursuant to
subsection (e), and subject to those regulations, a provider of
advanced communications shall ensure that services offered by such
provider are accessible to and usable by individuals with disabilities,
unless the requirement of this subsection would result in an undue
burden.
``(c) Compatibility.--Whenever the requirements of subsections (a)
and (b) constitute an undue burden, a manufacturer or provider shall
ensure that its equipment or service is compatible with existing
peripheral devices or specialized customer premises equipment commonly
used by individuals with disabilities to achieve access, unless the
requirement of this subsection would result in an undue burden.
``(d) Network Features, Functions, and Capabilities.--Each provider
of advanced communications has the duty not to install network
features, functions, or capabilities that do not comply with the
regulations established pursuant to this section.
``(e) Regulations.--Within one year after the date of enactment of
the Twenty-first Century Communications and Video Accessibility Act of
2009, the Commission shall prescribe such regulations as are necessary
to implement this section. In prescribing the regulations, the
Commission shall--
``(1) include standards to ensure the accessibility,
usability, and compatibility of advanced communications and the
equipment used for advanced communications by individuals with
disabilities; and
``(2) provide that advanced communications, the equipment
used for advanced communications, and advanced communications
service networks used to provide such advanced communications
may not impair or impede the accessibility of information
content when accessibility has been incorporated into that
content for transmission through advanced communications,
equipment used for advanced communications, or advanced
communications service networks.
``(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 date of enactment of the Twenty-
first Century Communications and Video Accessibility Act of 2009. Such
services and equipment shall remain subject to the requirements of
section 255.
``(g) Definition.--For purposes of the Twenty-first Century
Communications and Video Accessibility Act of 2009, the term `undue
burden' means significant difficulty or expense. In determining whether
the requirements of any provision of this section would result in an
undue burden, the factors to be considered include--
``(1) the nature and cost of the steps required to develop
and manufacture the product in question;
``(2) the impact on the operation of the manufacturer or
provider;
``(3) the financial resources of the manufacturer or
provider; and
``(4) the type of operations of the manufacturer or
provider.
``SEC. 717. ENFORCEMENT AND REPORTING OBLIGATIONS.
``(a) Complaint and Enforcement Procedures.--Within one year after
the date of enactment of the Twenty-first Century Communications and
Video Accessibility Act of 2009, the Commission shall establish
regulations that facilitate the filing of complaints that allege a
violation of section 255, 716, 718, or 719, establish formal and
informal procedures for enforcement actions by the Commission with
respect to such violations, and implement the reporting obligations of
paragraph (6) 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, 718, or 719.
``(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, 718, or 719.
``(3) Complaints to the commission.--Any person alleging a
violation of section 255, 716, 718, or 719 by a manufacturer of
equipment or provider of service subject to such sections may
file a complaint with the Commission. The Commission shall
investigate the allegations in such complaint and issue a final
order concluding the investigation within 180 days of the date
on which such complaint was filed with the Commission, unless
such complaint is resolved before such time. The Commission may
consolidate for investigation and resolution complaints
alleging substantially the same violation by the same
manufacturer or provider. Such final order shall include a
determination as to whether any violation has occurred and, if
the Commission determines that a violation has occurred,
address the manner in which the manufacturer or service
provider will achieve accessibility, compatibility, or
usability required by section 255, 716, 718, or 719. If a
determination is made that a violation has not occurred, the
Commission shall provide the basis for such determination,
including the basis for determining that an accessibility
feature requested is not readily achievable under section 255
or will create an undue burden under section 716, 718, or 719.
``(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 the opportunity to
respond to such complaint, and may include in such response any
factors that it deems relevant to such determination and any
available alternatives that might constitute an effective
substitute for the equipment or service that is the subject of
such complaint.
``(5) Cease and desist orders.--If the Commission's
investigation pursuant to paragraph (3) determines that a
manufacturer of equipment or provider of service is engaged in
an act prohibited by section 255, 716, 718, or 719, or is
failing to perform any act required by section 255, 716, 718,
or 719, the Commission shall have the authority to order such
manufacturer or provider to cease from violating such section.
``(6) Reporting.--(A) Each manufacturer of equipment used
for advanced communications and each provider of advanced
communications shall--
``(i) file a report with the Commission, on an
annual basis, that describes the steps that have been
taken by such manufacturer or provider during the
preceding year to implement sections 255 and 716,
including--
``(I) information about the manufacturer's
or provider's efforts to consult with people
with disabilities;
``(II) descriptions of the accessibility
features of its products and services; and
``(III) information about the compatibility
of their products and services with peripheral
devices or specialized customer premise
equipment commonly used by people with
disabilities to achieve access; and
``(ii) maintain, in the ordinary course of
business, records of the efforts taken by such
manufacturer or provider to implement sections 255 and
716.
``(B) The report required by subparagraph (A) shall be
submitted to the Commission through the use of a compliance
report form, to be established by the Commission, that is
comparable to the structure of the form that is used to monitor
and report on the progress of the implementation of the
Commission's hearing aid compatibility requirements established
in WT Docket No. 01-309.
``(7) 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 an
appropriate Federal district court to compel the Commission to
carry out any such responsibility.
``(8) Commission jurisdiction.--The limitations of section
255(f) shall apply to any claim that alleges a violation of
section 255, 716, 718, or 719. Nothing in this paragraph
affects or limits any action for mandamus under paragraph (7)
or any appeal pursuant to section 402(b)(10).
``(9) 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.--Every two years after the date of
enactment of the Twenty-first Century Communications and Video
Accessibility Act of 2009, the Commission shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives
that assesses the level of compliance with section 255 or 716 and
evaluates the extent to which any accessibility barriers still exist
with respect to new technologies. Such report shall include--
``(1) the number and nature of complaints received pursuant
to subsection (a) during the two years that are the subject of
the report;
``(2) actions taken to resolve such complaints under this
section, including cease and desist orders issued and
forfeiture penalties assessed;
``(3) the length of time that was taken by the Commission
to resolve each such complaint; and
``(4) the number, status, nature, and outcome of any
actions for mandamus filed pursuant to subsection (a)(7) and
the number, status, nature, and outcome of any appeals filed
pursuant to section 402(b)(10).
``(c) Comptroller General Enforcement Study.--
``(1) In general.--The Comptroller General shall conduct a
study to consider and evaluate--
``(A) the Commission's compliance with the
requirements of the Twenty-first Century Communications
and Video Accessibility Act of 2009, including the
Commission's level of compliance with the deadlines
(including deadlines for acting on complaints)
established in such Act;
``(B) whether the enforcement actions taken by the
Commission pursuant to such Act have been appropriate
and effective in ensuring compliance with such
requirements; and
``(C) whether the enforcement provisions
established in such Act are adequate to ensure
compliance with such requirements.
``(2) Report.--Not later than 5 years after the date of
enactment of the Twenty-first Century Communications and Video
Accessibility Act of 2009, the Comptroller General shall submit
a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce on the results of the study required by
paragraph (1), with recommendations for how the enforcement
process and measures with respect to such Act 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 2009, 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 and 716. 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.--Within one year after the date of
enactment of the Twenty-first Century Communications and Video
Accessibility Act of 2009, the Commission, in coordination with the
National Telecommunications and Information Administration, shall
conduct an informational and educational program designed to inform the
public about the availability of the clearinghouse, and the protections
and remedies available under sections 255 and 716.''.
(b) Title V Amendments.--Section 503(b)(2) of such Act (47 U.S.C.
503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following:
``(C) If the violator is a manufacturer of
telecommunications equipment, a manufacturer of
equipment used for advanced communications, or a
provider of advanced communications, who is subject to
the requirements of section 255, 716, 718, or 719, and
who is determined by the Commission to have violated
any such requirement, the manufacturer of
telecommunications equipment, the manufacturer of
equipment used for advanced communications, or the
provider of advanced communications shall be liable to
the United States for a forfeiture penalty. The amount
of any penalty determined under this paragraph shall
not exceed $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.'';
and
(3) in subparagraph (D) (as so redesignated by paragraph
(1) of this subsection), by striking ``subparagraphs (A) or
(B)'' and inserting ``subparagraphs (A), (B), or (C)''.
(c) 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. UNIVERSAL SERVICE.
(a) Consumers With Disabilities.--Section 254(c) of the
Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the
end the following new paragraph:
``(4) Individuals with disabilities.--Notwithstanding
subsection (j), the Commission shall authorize Lifeline and
Link-Up assistance programs and other Federal universal service
support mechanisms to be used for those telecommunications
services, Internet access services, and advanced communications
that are needed by individuals with disabilities, who are
otherwise qualified for such programs or mechanisms, to engage
in communication with one or more other individuals in a manner
that is functionally equivalent to the ability of individuals
without disabilities to engage in such communication.''.
(b) Allocation of USF for Services for Individuals With
Disabilities.--Section 254 of the Communications Act of 1934 (47 U.S.C.
254) is further amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Individuals Who Are Deaf-blind.--
``(1) In general.--Within 6 months after the date of the
enactment of the Twenty-first Century Communications and Video
Accessibility Act of 2009, the Commission shall establish rules
that define as eligible for universal service support those
programs that are certified by a State commission or approved
by the Commission for the distribution of specialized customer
premises equipment designed to make telecommunications service,
Internet access services, and advanced communications,
including interexchange services and advanced
telecommunications and information services, accessible by
individuals who are deaf-blind.
``(2) Definition.--For the purposes of this subsection, the
term `individuals who are deaf-blind' has the same meaning
given such term in the Helen Keller National Center Act, as
amended by the Rehabilitation Act Amendments of 1992 (29 U.S.C.
1905(2)).
``(3) Annual amount.--The total amount of universal service
support that may be obligated or expended under this subsection
for any fiscal year may not exceed $10,000,000.''.
SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is further amended by inserting after section 717 (as added by section
104 of this Act) the following new section:
``SEC. 718. EMERGENCY ACCESS AND REAL-TIME TEXT 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 the Twenty-first
Century Communications and Video Accessibility Act of 2009, the
Chairman of the Commission shall establish an advisory committee, to be
known as the Emergency Access and Real-Time Text Advisory Committee
(referred to in this section as the `Advisory Committee').
``(b) Membership.--As soon as practicable after the date of
enactment of the Twenty-first Century Communications and Video
Accessibility Act of 2009, the Chairman of the Commission shall appoint
the members of the Advisory Committee, ensuring an equal balance
between potential real-time text consumers and other stakeholders, and
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
personnel.
``(2) Subject matter experts.--Individuals who have the
requisite 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 people
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 relevant technical
expertise.
``(3) Qualified representatives of other stakeholders and
interested parties.--Qualified representatives of such other
stakeholders and interested and affected parties as the
Chairman of the Commission determines appropriate.
``(c) Development of Recommendations.--Within six months 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--
``(1) with respect to the definition of real-time text;
``(2) with respect to what actions are necessary as a part
of the migration to a national Internet protocol-enabled
network to achieve reliable, interoperable real-time text
communication transmitted over such network that will ensure
access to emergency services by people with disabilities;
``(3) for protocols, technical capabilities, and technical
requirements to ensure reliable, interoperable real-time text
communications necessary to ensure access to emergency services
by people with disabilities;
``(4) for the establishment of technical standards for use
by public safety answering points, designated default answering
points and local emergency authorities;
``(5) for relevant technical standards and requirements for
communication devices and equipment and technologies to enable
the use of reliable, interoperable real-time text
communications;
``(6) 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; and
``(7) 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 (6), and for the possible
phase out of the use of current-generation TTY technology to
the extent that this technology is replaced with real-time
text.
``(d) Meetings.--
``(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 45 days after the
completion of the member appointment process by the Chairman of
the Commission pursuant to subsection (b).
``(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the chairs, but no
less than monthly until the recommendations required pursuant
to subsection (c) are completed and submitted.
``(3) Notice; open meetings.--Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days in
advance and shall be open to the public.
``(e) Rules.--
``(1) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business of
the Advisory Committee.
``(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the chair may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts as deemed necessary.
``(3) Additional rules.--The Advisory Committee may adopt
other rules as needed.
``(f) Federal Advisory Committee Act.--Neither the Federal Advisory
Committee Act (5 U.S.C. App.) nor any rule, order, or regulation
promulgated under that Act shall apply to the Advisory Committee.
``(g) Implementing Recommendations.--The Commission shall have the
authority to promulgate regulations to implement the recommendations
proposed by the Advisory Committee, as well as any other regulations,
technical standards, protocols, and procedures as are necessary to
achieve reliable, interoperable real-time text communication that
ensures access by people with disabilities to an Internet protocol-
enabled emergency network.''.
SEC. 107. INTERNET ACCESS SERVICE INTERFACE.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is further amended by adding after section 718 (as added by section 106
of this Act) the following new section:
``SEC. 719. INTERNET ACCESS SERVICE USER INTERFACE.
``Every provider of Internet access service and every manufacturer
of Internet access equipment shall, unless it would result in an undue
burden, make user interfaces for such service and equipment accessible
to individuals with disabilities, including those interfaces used to
initiate, monitor, and control such service.''.
TITLE II--VIDEO PROGRAMMING
SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING DECODER AND VIDEO
DESCRIPTION CAPABILITY, USER INTERFACES, AND VIDEO
PROGRAMMING GUIDES AND MENUS.
(a) Inquiry Required.--The Federal Communications Commission shall
conduct an inquiry on the following subjects:
(1) Closed-captioning decoder and video description
capability.--With respect to closed captioning decoder and
video description capability, the Federal Communications
Commission shall--
(A) describe--
(i) the formats and software commonly used
by video programming providers or owners for
exhibition on new technologies, including those
using the Internet protocol (or a successor
protocol) and digital wireless services; and
(ii) the related technical issues
associated with the implementation of closed
captioning and video description by means of
such new technologies;
(B) describe the technical standards, protocols,
and procedures needed for the transmission of closed
captioning and video description by means of services
using the Internet protocol (or a successor protocol)
and digital wireless services and equipment; and
(C) describe--
(i) technical standards, protocols, and
procedures needed to enable video programming
providers and owners to transmit emergency
information in a manner that is accessible to
individuals who are blind or visually impaired;
and
(ii) the persons or parties obligated to
create, receive, and transmit such emergency
information in accordance with such standards,
protocols, and procedures.
(2) User interfaces.--With respect to user interfaces, the
Federal Communications Commission shall--
(A) describe the technical standards, protocols,
and procedures needed to enable apparatus designed to
receive or display video programming transmitted
simultaneously with sound (including apparatus designed
to receive or display video programming transmitted by
means of services using the Internet protocol or
successor protocol) to be capable of making the
apparatus functions, necessary for the receipt,
display, navigation, or selection of video programming
(and any other functions shared by, related to, or
necessary to access such apparatus functions),
accessible to and usable by individuals with
disabilities; and
(B) describe the technical standards, protocols,
and procedures needed to enable on-screen text menus
and other visual indicators used to access the
functions described in subparagraph (A) to be
accompanied by audio output so that such menus or
indicators are accessible to and usable by individuals
who are blind or visually impaired.
(3) Video programming guides and menus.--With respect to
video programming guides and menus, the Federal Communications
Commission shall describe the technical standards, protocols,
and procedures needed to enable video programming information
and selection provided by means of a navigational device,
guide, or menu to be accessible in real-time by individuals
with disabilities who are unable to read the visual display.
(b) Report on Inquiry.--Within 18 months after the date of
enactment of this Act, the Federal Communications Commission shall
submit to the Congress a report on the results of such inquiry.
(c) Definitions.--For purposes of this section, the terms ``video
description'' and ``video programming'' have the meanings provided by
section 713(g) of the Communications Act of 1934 (47 U.S.C. 613(g)).
SEC. 202. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION CAPABILITY.
(a) Authority To Regulate.--Section 303(u) of the Communications
Act of 1934 (47 U.S.C. 303(u)) is amended to read as follows:
``(u) Require that apparatus designed to receive or play
back video programming (as such term is defined in section
713(g)) transmitted simultaneously with sound, when such
apparatus is manufactured in the United States or imported for
use in the United States and uses a picture screen that is 13
inches or greater in size--
``(1) be equipped with built-in closed caption
decoder circuitry or capability designed to display
closed-captioned video programming;
``(2) have the capability to make available the
transmission and delivery of video description services
as required by section 713(f); and
``(3) have the capability to convey emergency
information (as that term is defined in section 79.2 of
the Commission's regulations (47 C.F.R. 79.2)) in a
manner that is accessible to individuals who are blind
or visually impaired.''.
(b) Other Devices.--Section 303 of the Communications Act of 1934
(47 U.S.C. 303) is further amended--
(1) by redesignating subsections (v) through (y) as
subsections (y) through (bb), respectively; and
(2) by inserting after subsection (u) the following new
subsections:
``(v) Require, after inquiry, that apparatus designed to
receive or play back video programming (as such term is defined
in section 713(g)) transmitted simultaneously with sound, when
such apparatus is manufactured in the United States or imported
for use in the United States and uses a picture screen that is
less than 13 inches in size--
``(1) be equipped with built-in closed caption
decoder circuitry or capability designed to display
closed-captioned video programming;
``(2) have the capability to make available the
transmission and delivery of video description services
as required by section 713(f); and
``(3) have the capability to convey emergency
information (as that term is defined in section 79.2 of
the Commission's regulations (47 C.F.R. 79.2)), in a
manner that is accessible to individuals who are blind
or visually impaired.
``(w) Require, after inquiry, that apparatus manufactured
in the United States or imported for use in the United States
that is designed to record video programming (as such term is
defined in section 713(g)) transmitted simultaneously with
sound, retain and permit the pass through of closed captions
and video description signals such that viewers will be able to
activate and deactivate the closed captions and video
description when the video programming is played back on a
picture screen of any size. Interconnection mechanisms and
standards for digital video source devices must be able to
carry program related accessibility data for people with
disabilities from the source device to the consumer equipment
so that the consumer is able to display closed captions and
make encoded video description audible.
``(x) Exempt from requirements of subsections (u) and (v)
any apparatus or class of apparatuses that are display-only
video monitors, with no playback capability and shall have the
authority to waive the requirements of such subsections for any
apparatus or class of apparatuses.''.
(c) Shipment in Commerce.--Section 330(b) of the Communications Act
of 1934 (47 U.S.C. 330(b)) is amended--
(1) by striking ``303(u)'' in the first sentence and
inserting ``303(u), (v), and (w)'';
(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 inserting ``and video
description service'' after ``closed-captioning service''.
(d) Implementing Regulations.--The Federal Communications
Commission shall prescribe such regulations as are necessary to
implement the requirements of this section, including any technical
standards, protocols, and procedures needed for the transmission of
closed captioning, video description and emergency information, within
12 months after the submission of the report to Congress required by
section 201(b) of this Act.
SEC. 203. VIDEO DESCRIPTION AND CLOSED CAPTIONING.
(a) Video Description.--Section 713 of the Communications Act of
1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and
inserting the following:
``(f) Video Description.--
``(1) Reinstatement of rules.--The video description
regulations of the Commission contained in the report and order
identified as Implementation of Video Description of Video
Programming, Report and Order (15 F.C.C.R. 15,230 (2000)), when
such rules are republished and refreshed pursuant to paragraph
(2), shall--
``(A) be considered to be in full force and effect
and ratified by law; and
``(B) apply to video programming (as such term is
defined in subsection (g)) that is first published or
exhibited after the date of enactment of the Twenty-
first Century Communications and Video Accessibility
Act of 2009.
``(2) Continuing authority of the commission.--The
Commission shall--
``(A) within 45 days after the date of enactment of
the Twenty-first Century Communications and Video
Accessibility Act of 2009--
``(i) publish and refresh its video
description regulations contained in the report
and order identified as Implementation of Video
Description of Video Programming, Report and
Order (15 F.C.C.R. 15,230 (2000)) in a manner
that provides the same or an improved level of
video description service; and
``(ii) apply the requirements of such
report and order to owners of and providers of
video programming (as such term is defined in
subsection (g));
``(B) initiate a proceeding, to be completed within
12 months after the submission of the report to
Congress required by section 201(b) of the Twenty-first
Century Communications and Video Accessibility Act of
2009 to--
``(i) identify methods to convey emergency
information (as that term is defined in section
79.2 of the Commission's regulations (47 C.F.R.
79.2)) in a manner accessible to individuals
who are blind or visually impaired; and
``(ii) promulgate regulations that require
video programming providers and video
programming distributors (as those terms are
defined in section 79.1 of the Commission's
regulations (47 C.F.R. 79.1)) and owners of
video programming to convey such emergency
information in a manner accessible to
individuals who are blind or visually impaired,
consistent with the requirements of such
section of such regulations; and
``(C) promulgate any other regulation that the
Commission may find necessary to implement, enforce, or
otherwise carry out the provisions of this section,
including regulations to increase the amount of video
description required to achieve full access to video
programming for individuals who are blind or visually
impaired.
``(3) Requirements for rules.--
``(A) The regulations described in paragraph (1)
and republished and refreshed, or otherwise increased
or enhanced, pursuant to subparagraphs (A) or (C) of
paragraph (2) shall include an appropriate schedule of
deadlines for the provision of video description of
video programming.
``(B) Such regulations may permit a provider of
video programming or program owner to petition the
Commission for an exemption from the requirements of
this section upon a showing that the requirements
contained in this section would result in an undue
burden (as defined in subsection (e)). A provider shall
be exempt from such requirements only after the
Commission decides to grant any such petition.
``(C) The Commission may exempt from the
regulations established pursuant to paragraph (2)(C)
services, classes of services, programs, classes of
programs, equipment, or classes of equipment for which
the Commission has determined that the application of
such regulations would be economically burdensome to
the providers of such services.
``(g) Definitions.--For purposes of this section:
``(1) Video description.--The term `video description'
means the insertion of audio narrated descriptions of the video
programming's key visual elements into natural pauses between
the program's dialogue.
``(2) Video programming.--The term `video programming'
means programming provided by, or generally considered
comparable to programming provided by, a television broadcast
station, even if such programming is distributed over the
Internet or by some other means.''.
(b) Closed Captioning on Video Programming Distributed Over the
Internet.--Section 713 of such Act is further amended by striking
subsection (c) and inserting the following:
``(c) Deadlines for Captioning.--
``(1) In general.--The regulations prescribed pursuant to
subsection (b) shall include an appropriate schedule of
deadlines for the provision of closed captioning of video
programming.
``(2) Deadlines for internet-distributed programming.--
``(A) Within 12 months after the submission of the
report to Congress required by section 201(b) of the
Twenty-first Century Communications and Video
Accessibility Act of 2009, the Commission shall
prescribe regulations that include an appropriate
schedule of deadlines for the provision of closed
captioning of video programming distributed to the
public over the Internet.
``(B) Consistent with the regulations promulgated
under subsection (b), the regulations prescribed under
this paragraph shall ensure the accessibility of video
programming, except for consumer generated media,
through the provision of captions on--
``(i) preproduced video programming that
was previously captioned for television
viewing;
``(ii) live video programming; and
``(iii) video programming first published
or exhibited after the effective date of such
regulations provided by or generally considered
to be comparable to programming provided by
multichannel programming distributors.''.
(c) Conforming Amendment.--Section 713(d) of such Act is amended by
striking paragraph (3) and inserting the following:
``(3) a provider of video programming or program owner may
petition the Commission for an exemption from the requirements
of this section, and--
``(A) the Commission may grant such petition upon a
showing that the requirements contained in this section
would result in an undue burden; and
``(B) such exemption shall be effective only after
the Commission grants such petition.''.
SEC. 204. USER INTERFACES REGULATIONS.
(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding at the end the following new
subsection:
``(cc)(1) Require, after inquiry--
``(A) that apparatus designed to receive or
play back video programming transmitted
simultaneously with sound, including apparatus
designed to receive or display video
programming transmitted by means of services
using the Internet protocol (or successor
protocol), be designed, developed, and
fabricated so that control of all apparatus
functions enabling the receipt, display,
navigation, or selection of video programming
(and any other functions shared by, related to,
or necessary to access such apparatus
functions), are accessible to and usable by
individuals with disabilities;
``(B) that where on-screen text menus or
other visual indicators are used to access the
functions described in subparagraph (A), such
functions be accompanied by audio output that
is either integrated or peripheral to the
apparatus, so that such menus or indicators are
accessible to and usable by individuals who are
blind or visually impaired in real-time; and
``(C) that user controls need to access
closed captioning and video description,
including--
``(i) a button, key, or icon on the
remote control of such apparatus (where
a remote control is provided with the
apparatus) designated for activating
the closed caption function; and
``(ii) the inclusion of `closed
captions' and `video description' on
the first menu that appears when on-
screen menus are displayed on such
apparatus.
``(2) For purposes of this subsection, the terms
`video description' and `video programming' have the
meanings given such terms in section 713(g).''.
(b) Implementing Regulations.--Within 12 months after the
submission of the report to Congress required by section 201(b) of this
Act, the Federal Communications Commission shall prescribe such
regulations as are necessary to implement the amendments made by
subsection (a).
SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS.
(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding after subsection (cc), as
added by section 204 of this Act, the following new subsection:
``(dd) Require each provider or owner of video programming
(as such term is defined in section 713(g)), with the exception
of consumer generated media, and each multichannel programming
distributor to ensure that video programming information and
selection provided by means of a navigational device, guide, or
menu is accessible in real-time by individuals with
disabilities who are unable to read the visual display.''.
(b) Implementing Regulations.--Within 12 months after the
submission of the report to Congress required by section 201(b) of this
Act, the Federal Communications Commission shall prescribe such
regulations as are necessary to implement the amendments made by
subsection (a).
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