[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3304 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                S. 3304

_______________________________________________________________________

                                 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).

            Passed the Senate August 6, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 3304

_______________________________________________________________________

                                 AN ACT

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