[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3304 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3304
To increase the access of persons with disabilities to modern
communications, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2010
Mr. Pryor (for himself, Mr. Kerry, Mr. Conrad, and Mr. Dorgan)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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 ``Equal Access to
21st Century Communications Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INCREASING ACCESS
Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to Internet-based services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency access and real-time text support.
Sec. 107. Internet access service interface.
TITLE II--VIDEO DESCRIPTIONS AND CLOSED CAPTIONING
Sec. 201. Commission inquiry on closed captioning decoder and video
description capability, user interfaces,
and video programming guides and menus.
Sec. 202. Commission inquiry on the definition of consumer generated
media.
Sec. 203. Closed captioning decoder and video description capability.
Sec. 204. Video description and closed captioning.
Sec. 205. User interface regulations.
Sec. 206. Access to video programming guides and menus.
TITLE I--INCREASING ACCESS
SEC. 101. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended by adding at the end the following:
``(54) Advanced communications.--The term `advanced
communications' means Internet-based protocol, or any successor
protocol, based devices and services that transmit voice, video
conferencing, and text communications, and any application or
service accessed over the Internet that provides for voice,
video conferencing, or text communications, as determined
necessary by the Federal Communications Commission.
``(55) Disability.--The term `disability' has the meaning
given such term under section 3(2)(A) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)).
``(56) Interconnected voip service.--The term
`interconnected VoIP service' has the meaning given such term
under section 9.3 of the Commission's regulations (47 C.F.R.
9.3).
``(57) Internet access equipment.--The term `internet
access equipment' means equipment that is used to combine
computer processing, information provision, and computer
interactivity with data transport, enabling users to run a
variety of applications, including email.
``(58) Internet access service.--The term `internet access
service' means a service that combines computer processing,
information provision, and computer interactivity with data
transport, enabling end users to access the Internet and use a
variety of applications, including email.''.
SEC. 102. HEARING AID COMPATIBILITY.
(a) Compatibility Requirements.--Section 710(b) of the
Communications Act of 1934 (47 U.S.C. 610(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``Except as'' and all that follows
through ``require that'' and inserting ``Except as
provided in paragraphs (2) and (3) of subsection (b)
and subsection (c), the Commission shall require that
the following customer premises equipment 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'';
(B) by striking ``and'' at the end of subparagraph
(A);
(C) by inserting ``and'' after the comma at the end
of subparagraph (B); and
(D) by inserting the following new subparagraph:
``(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) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``initial'';
(II) by striking ``after the date
of enactment of the Hearing Aid
Compatibility Act of 1988,''; and
(III) by inserting ``and (1)(C)''
after ``paragraph (1)(B)'';
(ii) by inserting ``and'' after the end of
clause (ii);
(iii) by striking clause (iii); and
(iv) by redesignating clause (iv) as clause
(iii);
(B) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(C) 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
inserting ``or (1)(C)'' after ``(1)(B)'';
(3) in paragraph (4)(B)--
(A) by inserting ``telephones used with'' before
``public mobile services'';
(B) by inserting ``telephones and other customer
premises equipment used in whole or in part with''
after ``means'';
(C) by striking ``and'' after ``public land mobile
telephone service,'' and inserting ``or'';
(D) by striking ``part 22 of''; and
(E) by inserting after ``Regulations'' the
following: ``, or any functionally equivalent
unlicensed wireless services''; and
(4) in paragraph (4)(C)--
(A) by inserting ``telephones used with'' before
``private radio services''; and
(B) 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 a relevant technical standard developed through a public
participation process and in consultation with interested consumer
stakeholders will be deemed hearing aid compatible for purposes of this
section, until such time as the Commission may deem otherwise. The
Commission shall consult with the public, including people with hearing
loss, in establishing or approving such technical standards. The
Commission may delegate this authority to an employee pursuant to
section 5(c). The Commission shall designate the national consumer
organizations for purposes of this section and shall remain the final
arbiter as to whether the standard meets the requirements of this
section.''.
(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 due to technical feasibility or 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 Equal Access to 21st
Century Communications Act shall be construed to modify the
Commission's regulations set forth in section 20.19 of title 47, Code
of Federal Regulations, in effect as of 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 that provides the ability for an individual who is
deaf, hard of hearing, deaf-blind, or who has a speech
disability to engage in communication by wire or radio with 1
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 the
Communications Act of 1934 is amended by adding at the end the
following:
``SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.
``Within 1 year after the date of enactment of the Equal Access to
21st Century Communications Act, each interconnected VoIP service
provider shall participate in and contribute to the Telecommunications
Relay Services Fund established in section 64.404(c)(5)(iii) of the
Commission's regulations (47 C.F.R. 64.404(c)(5)(iii)) as in effect on
the date of enactment of such Act, in a manner prescribed by the
Commission by regulation to provide for obligations of such providers
that are consistent with and comparable to the obligations of other
contributors to the Fund.''.
SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.
(a) Title VII Amendment.--Title VII of the Communications Act of
1934 (47 U.S.C. 601 et seq.) is amended by inserting after section 715
(as added by section 103) the following:
``SEC. 716. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.
``(a) Manufacturing.--With respect to equipment manufactured after
the effective date of the regulations established pursuant to
subsection (e), and subject to such regulations, a manufacturer of
equipment used for advanced communications, including end user
equipment, network equipment, and software, shall ensure that equipment
and software that such manufacturer designs, develops, and fabricates
shall be accessible to, and usable by individuals with disabilities,
where the requirement of this subsection is achievable.
``(b) Service Providers.--With respect to services provided after
the effective date of the regulations established pursuant to
subsection (e), and subject to such regulations, a provider of advanced
communications shall ensure that services offered by such provider are
accessible to, and usable, by individuals with disabilities, where the
requirement of this subsection is achievable.
``(c) Compatibility.--If the requirements of subsections (a) and
(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, where the requirement of this
subsection is achievable.
``(d) Network Features, Functions, and Capabilities.--Each provider
of advanced communications shall not install network features,
functions, or capabilities that do not comply with the regulations
established pursuant to this section.
``(e) Regulations.--
``(1) In general.--Within 18 months after the date of
enactment of the Equal Access to 21st Century Communications
Act, the Commission shall prescribe such regulations as are
necessary to implement this section.
``(2) Content of regulations.--In prescribing the
regulations required under paragraph (1), the Commission
shall--
``(A) include standards to ensure the
accessibility, usability, and compatibility of advanced
communications and the equipment used for advanced
communications by individuals with disabilities; and
``(B) provide that the advanced communications,
equipment used for advanced communications, and
advanced communications service networks used to
provide such advanced communications may not impair or
impede the accessibility of information content when
accessibility has been incorporated into the content
for transmission through advanced communications,
equipment used for advanced communications, or advanced
communications service networks.
``(f) Services and Equipment Subject to Section 255.--The
requirements of this section shall not apply to any equipment or
services, including interconnected VoIP service, that are subject to
the requirements of section 255 on the date of enactment of the Equal
Access to 21st Century Communications Act. Any such exempted services
and equipment shall remain subject to the requirements of section 255.
``(g) Definition.--For the purposes of this section, sections 717,
718, and 719, the term `achievable' means with reasonable effort or
expense.
``SEC. 717. ENFORCEMENT AND REPORTING OBLIGATIONS.
``(a) Complaint and Enforcement Procedures.--
``(1) In general.--Within 18 months after the date of
enactment of the Equal Access to 21st Century Communications
Act, the Commission shall--
``(A) establish regulations that facilitate the
filing of complaints that allege a violation of section
255, 716, 718, or 719;
``(B) establish formal and informal procedures for
enforcement actions by the Commission with respect to
such violations; and
``(C) implement the reporting obligations of
paragraph (6) for manufacturers and providers subject
to such sections.
``(2) Required provisions.--The regulations required under
paragraph (1) shall include the following provisions:
``(A) No fee.--The Commission shall not charge a
fee to an individual who files a complaint alleging a
violation of section 255, 716, 718, or 719.
``(B) Receipt of complaints.--The Commission shall
establish separate and identifiable electronic,
telephonic, and physical receptacles for the receipt of
complaints filed under section 255, 716, 718, or 719.
``(C) Complaints to the commission.--Any person
alleging a violation of section 255, 716, 718, or 719
by a manufacturer of equipment or provider of service
subject to such sections may file a complaint with the
Commission. The Commission shall investigate the
allegations in such complaint and issue a final order
concluding the investigation within 180 days of the
date on which such complaint is filed with the
Commission, unless such complaint is resolved before
such time. The Commission may consolidate for
investigation and resolution such complaints alleging
substantially the same violation by the same
manufacturer or provider. Such final order shall
include a determination as to whether any violation has
occurred and, if the Commission determines that a
violation has occurred, address the manner in which the
manufacturer or service provider will achieve
accessibility, compatibility, or usability required by
section 255, 716, 718, or 719. If a determination is
made that a violation has not occurred, the Commission
shall provide the basis for such determination,
including the basis for determining that an
accessibility feature requested is not readily
achievable under section 255 or is achievable under
section 716, 718, or 719.
``(D) Opportunity to respond.--Before the
Commission makes a determination pursuant to
subparagraph (C), the party that is the subject of the
complaint shall have the opportunity to respond to such
complaint, and may include in such response any factors
that it deems relevant to such determination and any
available alternatives that might constitute an
effective substitute for the equipment or service that
is the subject of such complaint.
``(E) Cease and desist orders.--If the Commission's
investigation pursuant to subparagraph (C) determines
that a manufacturer of equipment or provider of service
is engaged in an act prohibited by section 255, 716,
718, or 719, or is failing to perform any act required
by section 255, 716, 718, or 719, the Commission shall
have the authority to order such manufacturer or
provider to cease from violating such section.
``(F) Reporting.--Each manufacturer of equipment
used for advanced communications and each provider of
advanced communications shall--
``(i) file a report with the Commission, on
an annual basis, that describes the steps that
have been taken by such manufacturer or
provider during the preceding year to implement
sections 255 and 716, including--
``(I) information about the
manufacturer's or provider's efforts to
consult with people with disabilities;
``(II) descriptions of the
accessibility features of its products
and services; and
``(III) information about the
compatibility of their products and
services with peripheral devices or
specialized customer premise equipment
commonly used by people with
disabilities to achieve access; and
``(ii) maintain, in the ordinary course of
business, records of the efforts taken by such
manufacturer or provider to implement sections
255 and 716.
``(G) Failure to act.--If the Commission fails to
carry out any of its responsibilities to act upon a
complaint in the manner prescribed in subparagraph (C),
the person that filed such complaint may bring an
action in the nature of mandamus in an appropriate
Federal district court to compel the Commission to
carry out any such responsibility.
``(H) Commission jurisdiction.--The limitations of
section 255(f) shall apply to any claim that alleges a
violation of section 255, 716, 718, or 719. Nothing in
this paragraph affects or limits any action for
mandamus under subparagraph (G) or any appeal pursuant
to section 402(b)(10).
``(I) 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.--Not later than 2 years after the date of
enactment of the Equal Access to 21st Century Communications
Act, and every 2 years thereafter, the Commission shall submit
a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives that assesses the
level of compliance with section 255 or 716 and evaluates the
extent to which any accessibility barriers still exist with
respect to new technologies.
``(2) Public comment.--The Commission shall seek public
comment on the tentative findings of the report required under
paragraph (1) prior to the submission of such report to the
Committees described in paragraph (1).
``(3) Required content.--The report required under
paragraph (1) shall include the following:
``(A) The number and nature of complaints received
pursuant to subsection (a) during the 2 years that are
the subject of the report.
``(B) Actions taken to resolve such complaints
under this section, including cease and desist orders
issued and forfeiture penalties assessed.
``(C) The length of time that was taken by the
Commission to resolve each such complaint.
``(D) The number, status, nature, and outcome of
any actions of mandamus filed pursuant to subsection
(a)(2)(G) and the number, status, and outcome of any
appeals filed pursuant to section 402(b)(10).
``(c) Comptroller General Enforcement Study.--
``(1) In general.--The Comptroller General shall conduct a
study to consider and evaluate--
``(A) the Commission's compliance with the
requirements of the Equal Access to 21st Century
Communications Act, including the Commission's level of
compliance with deadlines (including deadlines for
acting on complaints) established in such Act;
``(B) whether the enforcement actions taken by the
Commission pursuant to such Act have been appropriate
and effective in ensuring compliance with such
requirements; and
``(C) whether the enforcement provisions
established in such Act are adequate to ensure
compliance with such requirements.
``(2) Report.--Not later than 5 years after the date of
enactment of the Equal Access to 21st Century Communications
Act, the Comptroller General shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives on the results of the study required by
paragraph (1), with the recommendations for how the enforcement
process and measures with respect to such Act may be modified
or improved.
``(d) Clearinghouse.--Within 18 months after the date of enactment
of the Equal Access to 21st Century Communications Act, the Commission
shall, in consultation with the Architectural and Transportation
Barriers Compliance Board, the National Telecommunications and
Information Administration, trade associations, and organizations
representing people with disabilities, establish a clearinghouse of
information on the availability of accessible products and services and
accessibility solutions required under sections 255 and 716. Such
information shall be made publicly available on the Commission's
website and by other means, and shall include an annually updated list
of products and services with access features or solutions.
``(e) Outreach and Education.--Upon establishment of the
clearinghouse of the information required under section 717(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 and 716.''.
(b) Title V Amendments.--Section 503(b)(2) of the Communications
Act of 1934 (47 U.S.C. 503(b)(2)) (47 U.S.C. 503(b)(2)) is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively;
(2) by inserting after subparagraph (B) the following:
``(C) If the violator is a manufacturer of
telecommunications equipment, a manufacturer of
equipment used for advanced communications, or a
provider of advanced communications, who is subject to
the requirements of section 255, 716, 718, or 719, and
who is determined by the Commission to have violated
any such requirement, the manufacturer of
telecommunications equipment, the manufacturer of
equipment used for advanced communications, or the
provider of advanced communications shall be liable to
the United States for a forfeiture penalty. The amount
of any penalty determined under this subparagraph shall
not exceed $100,000 for each violation of each day of a
continuing violation, except that the amount assessed
for any continuing violation shall not exceed a total
of $1,000,000 for any single act or failure to act.'';
and
(3) in subparagraph (D) (as so redesignated) by striking
subparagraph ``(A) or (B)'' and inserting ``subparagraph (A),
(B), or (C).''
(c) Review of Commission Determinations.--Section 402(b) of the
Communications Act of 1934 (47 U.S.C. 402(b)) is amended by adding at
the end the following:
``(10) By any person who is aggrieved or whose interests
are adversely affected by a determination made by the
Commission under section 717(a)(3).''.
SEC. 105. UNIVERSAL SERVICE.
(a) Consumers With Disabilities.--Section 254(c) of the
Communications Act of 1934 (47 U.S.C. 254(c)) is amended by adding at
the end the following:
``(4) Individuals with disabilities.--Notwithstanding
subsection (j), the Commission shall authorize Lifeline and
Link-Up assistance programs and other Federal universal service
support mechanisms to be used for those telecommunications
services, Internet access services, and advanced communications
that are needed by individuals with disabilities, who are
otherwise qualified for such programs or mechanisms, to engage
in communication with 1 or more other individuals in a manner
that is functionally equivalent to the ability of individuals
without disabilities to engage in such communication.''.
(b) Allocation of USF for Services for Individuals With
Disabilities.--Section 254 of the Communications Act of 1934 (47 U.S.C.
254) is further amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Individuals Who Are Deaf-Blind.--
``(1) 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 universal service support those programs that are
certified by a State commission or approved by the Commission
for the distribution of specialized customer premises equipment
designed to make telecommunications service, Internet access
service, and advanced communications, including interexchange
services and advanced telecommunications and information
services, accessible by individuals who are deaf-blind.
``(2) Definition.--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)).
``(3) Annual amount.--The total amount of universal service
support that may be obligated or expanded under this subsection
for any fiscal year may not exceed $10,000,000.''.
SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is further amended by adding after section 717 (as added by section
104) the following:
``SEC. 718. EMERGENCY ACCESS AND REAL-TIME TEXT ADVISORY COMMITTEE.
``(a) Establishment.--For the purpose of achieving equal access to
emergency services by individuals with disabilities, as part of the
migration to a national Internet protocol-enabled emergency network,
not later than 120 days after the date of enactment of the Equal Access
to 21st Century Communications Act, the Chairman shall establish an
advisory committee, to be known as the Emergency Access and Real-Time
Text Advisory Committee (referred to in this section as the `Advisory
Committee').
``(b) Membership.--As soon as practicable after the date of
enactment of the Equal Access to 21st Century Communications Act, the
Chairman of the Commission shall appoint the members of the Advisory
Committee, ensuring an equal balance between potential real-time text
consumers and other stakeholders, and designate 2 such members as the
co-chairs of the Committee. Members of the Advisory Committee shall be
selected from the following groups:
``(1) State and local government and emergency responder
representatives.--Representatives of State and local
governments and representatives of emergency response
providers, selected from among individuals nominated by
national organizations representing such governments and
personnel.
``(2) Subject matter experts.--Individuals who have the
requisite technical knowledge and expertise to serve on the
Advisory Committee in the fulfillment of its duties, including
representatives of--
``(A) providers of interconnected VoIP services;
``(B) vendors, developers, and manufacturers of
systems, facilities, equipment, and capabilities for
the provision of interconnected VoIP services;
``(C) national organizations representing people
with disabilities and senior citizens;
``(D) Federal agencies or departments responsible
for the implementation of the Next Generation E 9-1-1
system;
``(E) the National Institute of Standards and
Technology; and
``(F) other individuals with relevant technical
expertise.
``(3) Qualified representatives of other stakeholders and
interested parties.--Qualified representatives of such other
stakeholders and interested and affected parties as the
Chairman of the Commission determines appropriate.
``(c) Development of Recommendations.--Within 12 months after the
completion of the member appointment process by the Chairman of the
Commission pursuant to subsection (b), the Advisory Committee shall
develop and submit to the Commission recommendations--
``(1) with respect to the definition of real-time text;
``(2) with respect to what actions are necessary as a part
of the migration to a national Internet protocol-enabled
network to achieve reliable, interoperable real-time text
communication transmitted over such network that will ensure
access to emergency services by people with disabilities;
``(3) for protocols, technical capabilities, and technical
requirements to ensure reliable, interoperable real-time text
communications necessary to ensure access to emergency services
by people with disabilities;
``(4) for the establishment of technical standards for use
by public safety answering points, designated default answering
points and local emergency authorities;
``(5) for relevant technical standards and requirements for
communication devices and equipment and technologies to enable
to the use of reliable, interoperable real-time text
communications;
``(6) for procedures to be followed by IP-enabled network
providers to ensure that such providers do not install
features, functions, or capabilities that would conflict with
technical standards; and
``(7) for deadlines by which providers of interconnected
VoIP services and manufacturers of equipment used for such
services shall achieve the actions required in paragraphs (1)
through (6), and for the possible phase out of the use of
current-generation TTY technology to the extent that this
technology is replaced with real-time text.
``(d) Meetings.--
``(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 90 days after the
completion of the member appointment process by the Chairman of
the Commission pursuant to subsection (b).
``(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the chairs, but no
less than monthly until the recommendations required pursuant
to subsection (c) are completed and submitted.
``(3) Notice; open meetings.--Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days in
advance and shall be open to the public.
``(e) Rules.--
``(1) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business of
the Advisory Committee.
``(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the Chair may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts as deemed necessary.
``(3) Additional rules.--The advisory committee may adopt
other rules as needed.
``(f) Federal Advisory Committee Act.--Neither the Federal Advisory
Committee Act (5 U.S.C. App.) nor any rule, order, or regulation
promulgated under that Act shall apply to the Advisory Committee.
``(g) Implementing Recommendations.--The Commission shall have the
authority to promulgate regulations to implement the recommendations
proposed by the Advisory Committee, as well as any other regulations,
technical standards, protocols, and procedures as are necessary to
achieve reliable, interoperable real-time text communication that
ensures access by people with disabilities to an Internet protocol-
enabled emergency network.''.
SEC. 107. INTERNET ACCESS SERVICE INTERFACE.
Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.)
is further amended by adding after section 718 (as added by section
106) the following:
``SEC. 719. INTERNET ACCESS SERVICE USER INTERFACE.
``Every provider of Internet access service and every manufacturer
of Internet access equipment shall, where achievable, make user
interfaces for such service and equipment accessible to individuals
with disabilities, including those interfaces used to initiate,
monitor, and control such service.''.
TITLE II--VIDEO DESCRIPTIONS AND CLOSED CAPTIONING
SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING DECODER AND VIDEO
DESCRIPTION CAPABILITY, USER INTERFACES, AND VIDEO
PROGRAMMING GUIDES AND MENUS.
(a) Inquiry Required.--The Federal Communications Commission shall
conduct an inquiry on the following subjects:
(1) Closed-captioning decoder and video description
capability.--With respect to closed captioning decoder and
video description capability, the Federal Communications
Commission shall--
(A) describe--
(i) the formats and software commonly used
by video programming providers or owners for
exhibition on new technologies, including those
using the Internet protocol (or successor
protocol) and digital wireless services; and
(ii) the related technical issues
associated with the implementation of closed
captioning and video description by means of
new technologies;
(B) describe the technical standards, protocols,
and procedures needed for the transmission of closed
captioning and video description by means of services
using the Internet protocol (or a successor protocol)
and digital wireless services and equipment; and
(C) describe--
(i) technical standards, protocols, and
procedures needed to enable video programming
providers and owners to transmit emergency
information in a manner that is accessible to
individuals who are blind or visually impaired;
and
(ii) the persons or parties obligated to
create, receive, and transmit such emergency
information in accordance with such standards,
protocols, and procedures.
(2) User interfaces.--With respect to user interfaces, the
Federal Communications Commission shall--
(A) describe the technical standards, protocols,
and procedures needed to enable apparatus designed to
receive or display video programming transmitted
simultaneously with sound (including apparatus designed
to receive or display video programming transmitted by
means of services using the Internet protocol (or a
successor protocol) to be capable of making the
apparatus functions, necessary for the receipt,
display, navigation, or selection of video programming
(and any other functions shared by, related to, or
necessary to access such apparatus functions),
accessible to and useable by individuals with
disabilities; and
(B) describe the technical standards, protocols,
and procedures needed to enable onscreen text menus and
other visual indicators used to access the functions
described in subparagraph (A) to be accompanied by
audio output so that such menus or indicators are
accessible to and usable by individuals who are blind
or visually impaired.
(3) Video programming guides and menus.--With respect to
video programming guides and menus, the Federal Communications
Commission shall describe the technical standards, protocols,
and procedures needed to enable video programming information
and selection provided by means of a navigational device,
guide, or menu to be accessible in real-time by individuals
with disabilities who are unable to read the visual display.
(b) Report on Inquiry.--Within 18 months after the date of
enactment of this Act, the Federal Communications Commission shall
submit to the Congress a report on the results of such inquiry.
(c) Definitions.--For the purposes of this section, the terms
``video description'' and ``video programming'' have the meanings
provided by section 713(g) of the Communications Act of 1934 (47 U.S.C.
613(g)).
SEC. 202. COMMISSION INQUIRY ON THE DEFINITION OF CONSUMER GENERATED
MEDIA.
Not later than 120 days after the date of enactment of this Act,
the Federal Communications Commission shall develop through an inquiry
an appropriate definition of consumer generated media.
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 apparatus designed to receive or play back video
programming (as such term is defined in section 713(g)) transmitted
simultaneously with sound, when such apparatus is manufactured in the
United States or imported for use in the United States and uses a
picture screen that is 13 inches or greater in size--
``(1) be equipped with built-in closed-caption decoder
circuitry or capability designed to display closed-captioned
video programming;
``(2) have the capability to make available the
transmission and delivery of video description services as
required by section 713(f); and
``(3) have the capability to convey emergency information
(as that term is defined in section 79.2 of the Commission's
regulations (47 C.F.R. 73.2)) in a manner that is accessible to
individuals who are blind or visually impaired.''.
(b) Other Devices.--Section 303 of the Communications Act of 1934
(47 U.S.C. 303) is further amended--
(1) by redesignating subsections (v) through (y) as
subsections (y) through (bb), respectively; and
(2) by inserting after subsection (u) the following:
``(v) Require, after inquiry, that apparatus designed to receive or
play back video programming (as such term is defined in section 713(g))
transmitted simultaneously with sound, when such apparatus is
manufactured in the United States or imported for use in the United
States and uses a picture screen that is less than 13 inches in size--
``(1) be equipped with built-in closed-caption decoder
circuitry or capability designed to display closed-captioned
video programming;
``(2) have the capability to make available the
transmission and delivery of video description services as
required by section 713(f); and
``(3) have the capability to convey emergency information
(as that term is defined in section 79.2 of the Commission's
regulations (47 C.F.R. 79.2)), in a manner that is accessible
to individuals who are blind or visually impaired.
``(w) Require, after inquiry, that apparatus manufactured in the
United States or imported for use in the United States that is designed
to record video programming (as such term is defined in section 713(g))
transmitted simultaneously with sound, retain and permit the pass
through of closed captions and video description signals such that
viewers will be able to activate and deactivate the closed captions and
video description when the video programming is played back on a
picture screen of any size. Interconnection mechanisms and standards
for digital video source devices must be able to carry program related
accessibility data for people with disabilities from the source device
to the consumer equipment so that the consumer is able to display
closed captions and make encoded video description audible.
``(x) Exempt from requirements of subsections (u) and (v) any
apparatus or class of apparatus that are display-only video monitors,
with no playback capability and shall have the authority to waive the
requirements of such subsections for any apparatus or class of
apparatus.''.
(c) Shipment in Commerce.--Section 330(b) of the Communications Act
of 1934 (47 U.S.C. 330(b)) is amended--
(1) by striking ``section 303(u)'' and inserting
``subsections (u), (v), and (w) of section 303'';
(2) by striking the second sentence and inserting the
following: ``Such rules shall provide performance and display
standards for such built-in decoder circuitry or capability
designed to display closed-captioned video programming, the
transmission and delivery of video description services and the
conveyance of emergency information as required by section 303
of this Act.''; and
(3) in the fourth sentence, by inserting ``and video
description service'' after ``closed-captioning service.''
(d) Implementing Regulations.--The Federal Communications
Commission shall prescribe such regulations as are necessary to
implement the requirements of this section, including any technical
standards, protocols, and procedures needed for the transmission of
closed captioning, video description, and emergency information, within
18 months after the submission of the report to Congress required by
section 201(b) of this Act.
SEC. 204. VIDEO DESCRIPTION AND CLOSED CAPTIONING.
(a) Video Description.--Section 713 of the Communications Act of
1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and
inserting the following:
``(f) Video Description.--
``(1) Reinstatement of the rules.--The video description
regulations of the Commission contained in the report and order
identified as Implementation of Video Description of Video
Programming, Report and Order (15 F.C.C.R. 15230) (July 21,
2000), when such rules are republished and refreshed pursuant
to paragraph (2), shall--
``(A) be considered to be in full force and effect
and ratified by law; and
``(B) apply to video programming that is first
published or exhibited after the date of enactment of
the Equal Access to 21st Century Communications Act.
``(2) Continuing authority of the commission.--The
Commission shall--
``(A) within 90 days after the date of enactment of
the Equal Access to 21st Century Communications Act--
``(i) publish and refresh its video
description regulations contained in the report
and order identified as Implementation of Video
Description of Video Programming, Report and
Order (15 F.C.C.R. 15230) (July 21, 2000) in a
manner that provides the same or an improved
level of video description service; and
``(ii) apply the requirements of such
report and order to owners of and providers of
video programming;
``(B) initiate a proceeding, to be completed within
18 months after the submission of the report to
Congress required by section 201(b) of the Equal Access
to 21st Century Communications Act--
``(i) identify methods to convey emergency
information (as that term is defined in section
79.2 of the Commission's regulations (47 C.F.R.
79.2)) in a manner accessible to individuals
who are blind or visually impaired; and
``(ii) promulgate regulations that require
video programming providers and video
programming distributors (as those terms are
defined in section 79.1 of the Commission's
regulations (47 C.F.R. 79.1)) and owners of
video programming to convey such emergency
information in a manner accessible to
individuals who are blind or visually impaired,
consistent with the requirements of such
section of such regulations; and
``(C) promulgate any other regulation that the
Commission may find necessary to implement, enforce, or
otherwise carry out the provisions of this section,
including regulations to increase the amount of video
description required to achieve full access to video
programming for individuals who are blind or visually
impaired.
``(3) Requirements for rules.--
``(A) The regulations described in paragraph (1)
and republished and refreshed, or otherwise increased
or enhanced, pursuant to subparagraph (A) or (C) of
paragraph (2) shall include an appropriate schedule of
deadlines for the provision of video description of
video programming.
``(B) Such regulations may permit a provider of
video programming or program owner to petition the
Commission for an exemption from the requirements of
this section upon a showing that the requirements
contained in this section are not achievable. A
provider shall be exempt from such requirements only
after the Commission decides to grant any such
petition.
``(C) The Commission may exempt from the
regulations established pursuant to paragraph (2)(C)
services, classes of services, programs, classes of
programs, equipment, or classes of equipment for which
the Commission has determined that the application of
such regulations would be economically burdensome to
the providers of such services.
``(g) Definitions.--For purposes of this section:
``(1) Video description.--The term `video description'
means the insertion of audio narrated descriptions of the video
programming's key visual elements in natural pauses between the
program's dialogue.
``(2) Video programming.--The term `video programming'
means programming provided by, or generally considered
comparable to programming provided by, a television broadcast
station, even if such programming is distributed over the
Internet or by some other means.''.
(b) Closed Captioning on Video Programming Distributed Over the
Internet.--Section 713 of the Communication Act of 1934 (47 U.S.C. 613)
is further amended by striking subsection (c) and inserting the
following:
``(c) Deadlines for Captioning.--
``(1) In general.--The regulations prescribed pursuant to
subsection (b) shall include an appropriate schedule of
deadlines for the provision of closed captioning of video
programming.
``(2) Deadlines for internet-distributed programming.--
``(A) Within 18 months after the submission of the
report to Congress required by section 201(b) of the
Equal Access to 21st Century Communications Act, the
Commission shall prescribe regulations that include an
appropriate schedule of deadlines for the provision of
closed captioning of video programming distributed to
the public over the Internet.
``(B) Consistent with the regulations promulgated
under subsection (b), the regulations prescribed under
this paragraph shall ensure the accessibility of video
programming, except for consumer generated media (as
such term is to be defined by the Commission), through
the provision of captions on--
``(i) preproduced video programming that
was previously captioned for television
viewing;
``(ii) live video programming; and
``(iii) video programming first published
or exhibited after the effective date of such
regulations provided by or generally considered
to be comparable to programming provided by
multichannel programming distributors.''.
(c) Conforming Amendment.--Section 713(d) of the Communications Act
of 1934 (47 U.S.C. 613(d)) is amended by striking paragraph (3) and
inserting the following:
``(3) a provider of video programming or program owner may
petition the Commission for an exemption from the requirements
of this section and--
``(A) the Commission may grant such petition upon
showing that the requirements contained in this section
would result in an undue burden; and
``(B) such exemptions shall be effective only after
the Commission grants such petition.''.
SEC. 205. USER INTERFACE REGULATIONS.
(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding at the end of the following
new subsection:
``(cc)(1) Require, after inquiry--
``(A) that apparatus designed to receive or play back video
programming transmitted simultaneously with sound, including
apparatus designed to receive or display video programming
transmitted by means of services using the Internet protocol
(or a successor protocol), be designed, developed, or
fabricated so that control of all apparatus functions enabling
the receipt, display, navigation, or selection of video
programming (and any other functions shared by, related to, or
necessary to access such apparatus functions), are accessible
to and usable by individuals with disabilities;
``(B) that where on-screen text menus or other visual
indicators are used to access the functions described in
subparagraph (A), such functions be accompanied by audio output
that is either integrated or peripheral to the apparatus, so
that such menus or indicators are accessible to and usable by
individuals who are blind or visually impaired in real-time;
and
``(C) that user controls needed to access closed captioning
and video description, including--
``(i) a button, key, or icon on the remote control
of such apparatus (where a remote control is provided
with the apparatus) designated for activating the
closed captioning function; and
``(ii) the inclusion of `closed-captions' and
`video description' on the first menu that appears when
on-screen menus are displayed on such apparatus.
``(2) For purposes of this subsection, the terms `video
description' and `video programming' have the meanings given such terms
in section 713(g).''.
(b) Implementing Regulations.--Within 18 months after the
submission of the report to Congress required by section 201(b) of this
Act, the Federal Communications Commission shall prescribe such
regulations as are necessary to implement the amendments made by
subsection (a).
SEC. 206. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS.
(a) Amendment.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is further amended by adding after subsection (cc), as
added by section 205, the following:
``(dd) Require each provider or owner of video programming (as such
term is defined in section 713(g)), with the exception of consumer
generated media (as such term is to be defined by the Commission) and
each multichannel programming distributor to ensure that video
programming information and selection provided by means of a
navigational device, guide, or menu is accessible in real-time by
individuals with disabilities who are unable to read the visual
display.''.
(b) Implementing Regulations.--Within 18 months after the
submission of the report to Congress required by section 201(b), the
Federal Communications Commission shall prescribe such regulations as
are necessary to implement the amendments made by subsection (a).
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