[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3304 Enrolled Bill (ENR)]

        S.3304

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
     To increase the access of persons with disabilities to modern 
                 communications, and for other purposes.

    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 advanced communications services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency Access Advisory Committee.

                       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.

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 who 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) with respect to 
video programming, online content, applications, services, advanced 
communications services, or equipment used to provide or access 
advanced communications services.

SEC. 3. PROPRIETARY TECHNOLOGY.

    No action taken by the Federal Communications Commission to 
implement this Act or any amendment 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) interoperable video conferencing service.
        ``(54) Consumer generated media.--The term `consumer generated 
    media' means content created and made available by consumers to 
    online websites and services on the Internet, including video, 
    audio, and multimedia content.
        ``(55) 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).
        ``(56) Electronic messaging service.--The term `electronic 
    messaging service' means a service that provides real-time or near 
    real-time non-voice messages in text form between individuals over 
    communications networks.
        ``(57) 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.
        ``(58) 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.
        ``(59) Interoperable video conferencing service.--The term 
    `interoperable 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 
    communication 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.''.

SEC. 104. ACCESS TO ADVANCED COMMUNICATIONS 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 ADVANCED COMMUNICATIONS SERVICES AND EQUIPMENT.

    ``(a) Manufacturing.--
        ``(1) In general.--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 services, including end 
    user equipment, network equipment, and software, shall ensure that 
    the equipment and software that such manufacturer offers for sale 
    or otherwise distributes in interstate commerce shall be accessible 
    to and usable by individuals with disabilities, unless the 
    requirements of this subsection are 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) Service Providers.--
        ``(1) In general.--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 services shall ensure that such services 
    offered by such provider in or affecting interstate commerce are 
    accessible to and usable by individuals with disabilities, unless 
    the requirements of this subsection are 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 subsections (a) 
or (b) are not achievable, 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 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 do not impede accessibility 
or usability.
    ``(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;
            ``(C) determine the obligations under this section of 
        manufacturers, service providers, and providers of applications 
        or services accessed over service provider networks; and
            ``(D) not mandate technical standards, except that the 
        Commission may adopt technical standards as a safe harbor for 
        such compliance if necessary to facilities the manufacturers' 
        and service providers' compliance with sections (a) through 
        (c).
        ``(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 technical and economic impact on the operation 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 type of operations of the manufacturer or provider.
        ``(4) 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 of advanced communications services or any interested 
    party, 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, for 
    any provider of advanced communications services, or for any class 
    of such services, 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) If the Commission determines that a violation has 
            occurred, the Commission may, in the order issued under 
            this subparagraph or in a subsequent order, direct the 
            manufacturer or service provider to bring the service, or 
            in the case of a manufacturer, the next generation of the 
            equipment or device, into compliance with requirements of 
            those sections within a reasonable time established by the 
            Commission in its order.
                ``(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. Before issuing a 
    final order under paragraph (3)(B)(i), the Commission shall provide 
    such party a reasonable opportunity to comment on any proposed 
    remedial action.
        ``(5) Recordkeeping.--(A) Beginning one year after the 
    effective date of regulations promulgated pursuant to section 
    716(e), each manufacturer and provider subject to sections 255, 
    716, and 718 shall maintain, in the ordinary course of business and 
    for a reasonable period, records of the efforts taken by such 
    manufacturer or provider to implement sections 255, 716, and 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) 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) 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) Whether, and to what extent (if any), the 
        requirements of this section have an effect 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. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.

    Title VII of the Communications Act of 1934, as amended by section 
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 Equal Access to 21st Century Communications Act, 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 individuals 
who are deaf-blind.
    ``(b) Individuals Who Are Deaf-blind Defined.--For 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)).
    ``(c) Annual amount.--The total amount of support the Commission 
may provide from its interstate relay fund for any fiscal year may not 
exceed $10,000,000.''.

SEC. 106. 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 1 year after the 
completion of the member appointment process by the Chairman of the 
Commission pursuant to subsection (b), the Advisory Committee shall 
conduct a national survey of individuals with disabilities, seeking 
input from the groups described in subsection (b)(2), to determine the 
most effective and efficient technologies and methods by which to 
enable access to emergency services by individuals with disabilities 
and 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 the 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), where achievable, 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;
        (7) for the establishment of rules to update the Commission's 
    rules with respect to 9-1-1 services and E-911 services (as defined 
    in section 158(e)(4) of the National Telecommunications and 
    Information Administration Organization Act (47 U.S.C. 942(e)(4))), 
    for users of telecommunications relay services as new technologies 
    and methods for providing such relay services are adopted by 
    providers of such relay services; and
        (8) that take into account what is technically and economically 
    feasible.
    (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 determined to be necessary.
        (3) Additional rules.--The Advisory Committee may adopt other 
    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, 
technical standards, protocols, and procedures as are necessary to 
achieve reliable, interoperable communication that ensures access by 
individuals with disabilities to an Internet protocol-enabled emergency 
network, where achievable and technically feasible.
    (h) 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).

                      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 a national organization representing such 
    distributors.
        (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 video programming producers or a 
    national organization representing such producers.
        (5) Representatives of national organizations representing 
    accessibility advocates, including individuals with disabilities 
    and the elderly.
        (6) Representatives of the broadcast television industry or a 
    national organization representing such industry.
        (7) 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) A recommended schedule of deadlines for the provision 
        of closed captioning service.
            (B) An identification of the performance requirement 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, except for 
        consumer generated media, delivered using Internet protocol.
            (C) An identification of additional protocols, technical 
        capabilities, and technical procedures beyond those available 
        as of the date of enactment of the Twenty-First Century 
        Communications and Video Accessibility Act of 2010 for the 
        delivery of closed captions of video programming, except for 
        consumer generated media, delivered using Internet protocol 
        that are necessary to meet the performance objectives 
        identified under subparagraph (B).
            (D) A recommendation for technical standards to address the 
        performance objectives identified in subparagraph (B).
            (E) A recommendation for any regulations that may be 
        necessary to ensure compatibility between video programming, 
        except for consumer generated media, 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) A recommended schedule of deadlines for the provision 
        of video description and emergency information.
            (B) An identification of the performance requirement 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, except for 
        consumer generated media, and emergency information delivered 
        using Internet protocol or digital broadcast television.
            (C) An identification of additional protocols, technical 
        capabilities, and technical procedures beyond those available 
        as of the date of enactment of the Twenty-First Century 
        Communications and Video Accessibility Act of 2010 for the 
        delivery of video descriptions of video programming, except for 
        consumer generated media, and emergency information delivered 
        using Internet protocol that are necessary to meet the 
        performance objectives identified under subparagraph (B).
            (D) A recommendation for technical standards to address the 
        performance objectives identified in subparagraph (B).
            (E) A recommendation for any regulations that may be 
        necessary to ensure compatibility between video programming, 
        except for consumer generated media, delivered using Internet 
        protocol and devices capable of receiving and displaying such 
        programming, except for consumer generated media, in order to 
        facilitate access to video descriptions and emergency 
        information.
            (F) 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.
            (G) 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 (F) to 
        be accompanied by audio output so that such menus or indicators 
        are accessible to and usable by individuals with disabilities.
            (H) With respect to video programming guides and menus, a 
        recommendation for the standards, protocols, and procedures 
        used to enable video programming information and selection 
        provided by means of a navigation device, guide, or menu to be 
        accessible in real-time by individuals who are blind or 
        visually impaired.
        (3) Consideration of work by standard-setting organizations.--
    The recommendations of the advisory committee shall, insofar as 
    possible, incorporate the standards, protocols, and procedures that 
    have been adopted by recognized industry standard-setting 
    organizations for each of the purposes 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)), 
    recon. granted in part and denied in part, (16 F.C.C.R. 1251 
    (2001)), 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 (h), insofar as and 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 at least 50 hours per quarter of 
        prime time programming that is not exempt under this paragraph, 
        and 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 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.
            ``(G) The Commission shall consider extending the 
        exemptions and limitations in the reinstated regulations for 
        technical capability reasons to all providers and owners of 
        video programming.
        ``(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 not issue additional 
        regulations unless the Commission determines, at least 2 years 
        after completing the reports required in paragraph (3), that 
        the need for and benefits of providing video description 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.
            ``(B) Limitation.--If the Commission makes the 
        determination under subparagraph (A) and issues additional 
        regulations, the Commission may not increase, in total, the 
        hour requirement for additional described programming by more 
        than 75 percent of the requirement in the regulations 
        reinstated under paragraph (1).
            ``(C) Application to designated market areas.--
                ``(i) In general.--After the Commission completes the 
            reports on video description required in paragraph (3), the 
            Commission shall phase in the video description regulations 
            for the top 60 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 in 
            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.
                ``(iii) 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 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 potential costs to program owners, 
                providers, and distributors in designated market areas 
                outside of the top 60 of creating such programming;
                    ``(V) the benefits to consumers of such 
                programming;
                    ``(VI) the amount of such programming currently 
                available; and
                    ``(VII) the need for additional described 
                programming in designated market areas outside the top 
                60.

                ``(iv) Additional market areas.--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 (iii), to phase in the video 
            description regulations for up to an additional 10 
            designated market areas each year--

                    ``(I) if the costs of implementing the video 
                description regulations to program owners, providers, 
                and distributors in those additional markets are 
                reasonable, as determined by the Commission; and
                    ``(II) except that the Commission may grant waivers 
                to entities in specific designated market areas where 
                it deems appropriate.

    ``(g) Emergency Information.--Not later than 1 year after the 
Advisory Committee report under subsection (e)(2) 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 
    visually impaired; and
        ``(2) promulgate regulations that require 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 visually impaired.
    ``(h) 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' means 
    programming by, or generally considered comparable to programming 
    provided by a television broadcast station, but not including 
    consumer-generated media (as defined in section 3).
    (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 once 
    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 subsection (e)(1) of the Twenty-First Century Communications 
        and Video Accessibility Act of 2010, the Commission shall 
        revise its regulations to require the provision of closed 
        captioning on video programming delivered using Internet 
        protocol that was published or exhibited on television with 
        captions after the effective date of such regulations.
            ``(B) Schedule.--The regulations prescribed under this 
        paragraph shall include an appropriate schedule of deadlines 
        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 with 
        captions after the effective date of such regulations would be 
        economically burdensome to providers of video programming or 
        program owners.
            ``(D) Requirements for regulations.--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 for the provider of such service, program, or 
            equipment;
                ``(iii) shall clarify that, for the purposes of 
            implementation, of this subsection, the terms `video 
            programming distribution' and `video programming providers' 
            include an entity that makes available directly to the end 
            user video programming through a distribution method that 
            uses Internet protocol;
                ``(iv) and describe the responsibilities of video 
            programming providers or distributors and video programming 
            owners;
                ``(v) shall establish a mechanism to make available to 
            video progamming providers and distributors information on 
            video programming subject to the Act on an ongoing basis;
                ``(vi) shall consider that the video programming 
            provider or distributor shall be deemed in compliance if 
            such entity enables the rendering or pass through of closed 
            captions and video description signals and make a good 
            faith effort to identify video programming subject to the 
            Act using the mechanism created in (v); and
                ``(vii) shall provide that de minimis failure to comply 
            with such regulations by a video programming provider or 
            owner shall not be treated as a violation of the 
            regulations.
        ``(3) Alternate means of compliance.--An entity may meet the 
    requirements of this section through alternate means than those 
    prescribed by regulations pursuant to subsection (b), as revised 
    pursuant to paragraph (2)(A) of this subsection, 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 provider of video programming or program owner may 
    petition the Commission for an exemption from the requirements of 
    this section, and the Commission may grant such petition upon a 
    showing that the requirements contained in this section would be 
    economically burdensome. During the pendency of such a petition, 
    such provider or owner shall be exempt from the requirements of 
    this section. 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.''.

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, if technically feasible--
            ``(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 the Commission's regulations (47 CFR 79.2)) in a 
            manner that is accessible to individuals who are blind or 
            visually impaired; 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 subparagraph (A), (B), or (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, on its 
            own motion or in response to a petition by a manufacturer, 
            to waive the requirements of this subsection for any 
            apparatus or class of apparatus--

                    ``(i) primarily designed for activities other than 
                receiving or playing back video programming transmitted 
                simultaneously with sound; or
                    ``(ii) for equipment designed for multiple 
                purposes, capable of receiving or playing video 
                programming transmitted simultaneously with sound but 
                whose essential utility is derived from other 
                purposes.''.

    (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) such 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 or render 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 ``303(u)'' in the first sentence and inserting 
    ``303(u) and (z)'';
        (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.--The Federal Communications 
Commission shall 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, including 
any technical standards, protocols, and procedures needed for the 
transmission of--
        (1) closed captioning within 6 months after the submission to 
    the Commission of the Advisory Committee report required by section 
    201(e)(1); and
        (2) video description and emergency information within 18 
    months after the submission to the Commission of the Advisory 
    Committee report required by section 201(e)(2).
    (e) Alternate Means of Compliance.--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 subsection (d) if the 
requirements of those 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 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 appropriate built-in apparatus functions are 
        accessible to and usable by individuals who are blind or 
        visually impaired, except that the Commission may not specify 
        the technical standards, protocols, procedures, and other 
        technical requirements for meeting this requirement;
            ``(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 visually impaired in real-time;
            ``(3) that for such apparatus equipped with the functions 
        described in paragraphs (1) and (2) built in access to those 
        closed captioning and video description features through a 
        mechanism that is reasonably comparable to a button, key, or 
        icon designated by activating the closed captioning or 
        accessibility features; 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 the Commission's rules (47 CFR 
        76.1200).''.
    (b) Implementing Regulations.--Within 18 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).
    (c) Alternate Means of Compliance.--An entity may meet the 
requirements of section 303(aa) of the Communications Act of 1934 
through alternate means than those prescribed by regulations pursuant 
to subsection (b) if the requirements of those sections are met, as 
determined by the Commission.
    (d) 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 visually impaired, 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, that access to that capability through a mechanism is 
    reasonably comparable to a button, key, or icon designated for 
    activating the closed captioning, or accessibility features.
With respect to apparatus features and functions delivered in software, 
the requirements set forth in this subsection shall apply to the 
manufacturer of such software. With respect to apparatus features and 
functions delivered in hardware, the requirements set forth in this 
subsection shall apply to the manufacturer of such hardware.''.
    (b) Implementing Regulations.--
        (1) In general.--Within 18 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 20,000 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 it provides to a requesting blind or 
    visually impaired individual.
        (4) Separate equipment or software.--
            (A) In general.--Such regulations shall permit but not 
        require the entity providing the navigation device to the 
        requesting blind or visually impaired individual to comply with 
        section 303(bb)(1) of the Communications Act of 1934 through 
        that entity's use of software, a peripheral device, specialized 
        consumer premises equipment, a network-based service or other 
        solution, and shall provide the maximum flexibility to select 
        the manner of compliance.
            (B) Requirements.--If an entity complies with section 
        303(bb)(1) of the Communications Act of 1934 under subparagraph 
        (A), the entity providing the navigation device to the 
        requesting blind or visually impaired individual shall provide 
        any such software, peripheral device, equipment, service, or 
        solution at no additional charge and within a reasonable time 
        to such individual and shall ensure that such software, device, 
        equipment, service, or solution provides the access required by 
        such regulations.
        (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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.