[Congressional Record Volume 156, Number 110 (Monday, July 26, 2010)]
[House]
[Pages H5996-H6007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010
Mr. MARKEY of Massachusetts. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 3101) to ensure that individuals with
disabilities have access to emerging Internet Protocol-based
communication and video programming technologies in the 21st Century,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3101
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Twenty-
First Century Communications and Video Accessibility Act of
2010''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Limitation on liability.
Sec. 3. Proprietary technology.
TITLE I--COMMUNICATIONS ACCESS
Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to internet-based services and equipment.
Sec. 105. Emergency Access Advisory Committee.
Sec. 106. Relay services for deaf-blind individuals.
TITLE II--VIDEO PROGRAMMING
Sec. 201. Video Programming and Emergency Access Advisory Committee.
Sec. 202. Video description and closed captioning.
Sec. 203. Closed captioning decoder and video description capability.
Sec. 204. User interfaces on digital apparatus.
Sec. 205. Access to video programming guides and menus provided on
navigation devices.
Sec. 206. Definitions.
TITLE III--PAYGO COMPLIANCE
Sec. 301. PAYGO Compliance.
SEC. 2. LIMITATION ON LIABILITY.
(a) In General.--Except as provided in subsection (b), no
person shall be liable for a violation of the requirements of
this Act (or of the provisions of the Communications Act of
1934 that are amended or added by this Act) with respect to
video programming, online content, applications, services,
advanced communications services, or equipment used to
provide or access advanced communications services to the
extent such person--
(1) transmits, routes, or stores in intermediate or
transient storage the communications made available through
the provision of advanced communications services by a third
party; or
(2) provides an information location tool, such as a
directory, index, reference, pointer, menu, guide, user
interface, or hypertext link, through which an end user
obtains access to such video programming, online content,
applications, services, advanced communications services, or
equipment used to provide or access advanced communications
services.
(b) Exception.--The limitation on liability under
subsection (a) shall not apply to any person to the extent
such person relies on third party applications, services,
software, hardware, or equipment to comply with the
requirements of this Act (or of the provisions of the
Communications Act of 1934 that are amended or added by this
Act).
SEC. 3. PROPRIETARY TECHNOLOGY.
No action taken by the Commission to implement the
requirements of this Act or the amendments made by this Act
shall mandate the use or incorporation of proprietary
technology.
TITLE I--COMMUNICATIONS ACCESS
SEC. 101. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C.
153) is amended--
(1) by adding at the end the following new paragraphs:
``(53) Advanced communications services.--The term
`advanced communications services' means--
``(A) interconnected VoIP service;
``(B) non-interconnected VoIP service;
``(C) electronic messaging service; and
``(D) video conferencing service.
``(54) Disability.--The term `disability' has the meaning
given such term under section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(55) Electronic messaging service.--The term `electronic
messaging service' means a service that provides non-voice
messages in text form between individuals over communications
networks.
``(56) Interconnected voip service.--The term
`interconnected VoIP service' has the meaning given such term
under section 9.3 of title 47, Code of Federal Regulations,
as such section may be amended from time to time.
``(57) Non-interconnected voip service.--The term `non-
interconnected VoIP service'--
``(A) means a service that--
``(i) enables real-time voice communications that originate
from or terminate to the user's location using Internet
protocol or any successor protocol; and
``(ii) requires Internet protocol compatible customer
premises equipment; and
``(B) does not include any service that is an
interconnected VoIP service.
``(58) Video conferencing service.--The term `video
conferencing service' means a service that provides real-time
video communications, including audio, to enable users to
share information of the user's choosing.''; and
(2) by reordering paragraphs (1) through (52) and the
paragraphs added by paragraph (1) of this section in
alphabetical order based on the headings of such paragraphs
and renumbering such paragraphs as so reordered.
SEC. 102. HEARING AID COMPATIBILITY.
(a) Compatibility Requirements.--
(1) Telephone service for the disabled.--Section 710(b)(1)
of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is
amended to read as follows:
``(b)(1) Except as provided in paragraphs (2) and (3) and
subsection (c), the Commission shall require that customer
premises equipment described in this paragraph provide
internal means for effective use with hearing aids that are
designed to be compatible with telephones which meet
established technical standards for hearing aid
compatibility. Customer premises equipment described in this
paragraph are the following:
``(A) All essential telephones.
``(B) All telephones manufactured in the United States
(other than for export) more than one year after the date of
enactment of the Hearing Aid Compatibility Act of 1988 or
imported for use in the United States more than one year
after such date.
``(C) All customer premises equipment used with advanced
communications services that is designed to provide 2-way
voice communications via a built-in speaker intended to be
held to the ear in a manner functionally equivalent to a
telephone, subject to the regulations prescribed by the
Commission under subsection (e).''.
(2) Additional amendments.--Section 710(b) of the
Communications Act of 1934 (47 U.S.C. 610(b)) is further
amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking ``initial'';
(bb) by striking ``of this subsection after the date of
enactment of the Hearing Aid Compatibility Act of 1988''; and
(cc) by striking ``paragraph (1)(B) of this subsection''
and inserting ``subparagraphs (B) and (C) of paragraph (1)'';
(II) by inserting ``and'' at the end of clause (ii);
(III) by striking clause (iii); and
(IV) by redesignating clause (iv) as clause (iii);
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(iii) in subparagraph (B) (as so redesignated)--
[[Page H5997]]
(I) by striking the first sentence and inserting ``The
Commission shall periodically assess the appropriateness of
continuing in effect the exemptions for telephones and other
customer premises equipment described in subparagraph (A) of
this paragraph.''; and
(II) in each of clauses (iii) and (iv), by striking
``paragraph (1)(B)'' and inserting ``subparagraph (B) or (C)
of paragraph (1)'';
(B) in paragraph (4)(B)--
(i) by striking ``public mobile'' and inserting
``telephones used with public mobile'';
(ii) by inserting ``telephones and other customer premises
equipment used in whole or in part with'' after ``means'';
(iii) by striking ``and'' after ``public land mobile
telephone service,'' and inserting ``or'';
(iv) by striking ``part 22 of''; and
(v) by inserting after ``Regulations'' the following: ``,
or any functionally equivalent unlicensed wireless
services''; and
(C) in paragraph (4)(C)--
(i) by striking ``term `private radio services' '' and
inserting ``term `telephones used with private radio
services' ''; and
(ii) by inserting ``telephones and other customer premises
equipment used in whole or in part with'' after ``means''.
(b) Technical Standards.--Section 710(c) of the
Communications Act of 1934 (47 U.S.C. 610(c)) is amended by
adding at the end the following: ``A telephone or other
customer premises equipment that is compliant with relevant
technical standards developed through a public participation
process and in consultation with interested consumer
stakeholders (designated by the Commission for the purposes
of this section) will be considered hearing aid compatible
for purposes of this section, until such time as the
Commission may determine otherwise. The Commission shall
consult with the public, including people with hearing loss,
in establishing or approving such technical standards. The
Commission may delegate this authority to an employee
pursuant to section 5(c). The Commission shall remain the
final arbiter as to whether the standards meet the
requirements of this section.''.
(c) Rulemaking.--Section 710(e) of the Communications Act
of 1934 (47 U.S.C. 610(e)) is amended--
(1) by striking ``impairments'' and inserting ``loss''; and
(2) by adding at the end the following sentence: ``In
implementing the provisions of subsection (b)(1)(C), the
Commission shall use appropriate timetables or benchmarks to
the extent necessary (1) due to technical feasibility, or (2)
to ensure the marketability or availability of new
technologies to users.''.
(d) Rule of Construction.--Section 710(h) of the
Communications Act of 1934 (47 U.S.C. 610(h)) is amended to
read as follows:
``(h) Rule of Construction.--Nothing in the Twenty-First
Century Communications and Video Accessibility Act of 2010
shall be construed to modify the Commission's regulations set
forth in section 20.19 of title 47 of the Code of Federal
Regulations, as in effect on the date of enactment of such
Act.''.
SEC. 103. RELAY SERVICES.
(a) Definition.--Paragraph (3) of section 225(a) of the
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended
to read as follows:
``(3) Telecommunications relay services.--The term
`telecommunications relay services' means telephone
transmission services that provide the ability for an
individual who is deaf, hard of hearing, deaf-blind, or who
has a speech disability to engage in communication by wire or
radio with one or more individuals, in a manner that is
functionally equivalent to the ability of a hearing
individual who does not have a speech disability to
communicate using voice communication services by wire or
radio.''.
(b) Internet Protocol-based Relay Services.--Title VII of
such Act (47 U.S.C. 601 et seq.) is amended by adding at the
end the following new section:
``SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.
``Within one year after the date of enactment of the
Twenty-First Century Communications and Video Accessibility
Act of 2010, each interconnected VoIP service provider and
each provider of non-interconnected VoIP service shall
participate in and contribute to the Telecommunications Relay
Services Fund established in section 64.604(c)(5)(iii) of
title 47, Code of Federal Regulations, as in effect on the
date of enactment of such Act, in a manner prescribed by the
Commission by regulation to provide for obligations of such
providers that are consistent with and comparable to the
obligations of other contributors to such Fund.''.
(c) Telecommunications Relay Services Policy Advisory
Council.--Section 225 of the Communications Act of 1934 (47
U.S.C. 225) is amended by adding at the end the following new
subsection:
``(h) Telecommunications Relay Services Policy Advisory
Council.--
``(1) In general.--Not later than 6 months after the date
of enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Chairman of the
Commission shall establish an advisory committee to be known
as the Telecommunications Relay Services Policy Advisory
Council (in this section referred to as the `Policy Advisory
Council') and shall require the Policy Advisory Council--
``(A) to conduct their meetings in a manner that is open to
the public;
``(B) to make a complete and comprehensive record of such
proceedings publicly available;
``(C) to establish safeguards to identify and mitigate
conflicts of interest with respect to members of the Policy
Advisory Council; and
``(D) to advise the Commission in the development or
proposal of any major changes or new rules relating to
telecommunications relay services.
``(2) Membership.--As soon as practicable after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Chairman of the
Commission shall appoint the members of the Policy Advisory
Council, ensuring a balance between potential consumers and
other stakeholders. Members of the Policy Advisory Council
shall be selected from each of the following groups:
``(A) Individuals who are consumers of telecommunications
relay services.
``(B) Representatives of State commissions with
jurisdiction over intrastate telecommunications relay
services.
``(C) Representatives of providers of telecommunications
relay services.
``(3) Collection and dissemination of information and
advice.--The Commission--
``(A) shall seek the advice of the Policy Advisory Council
in assisting the Commission in developing or proposing any
major changes or issuing any new rules relating to
telecommunications relay services; and
``(B) shall, with the advice of the Policy Advisory
Council, make all regulations, rules, and orders relating to
telecommunications relay services fully and easily accessible
to consumers of such services.
``(4) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Policy
Advisory Council.''.
(d) Followup Proceeding.--Section 225 of the Communications
Act of 1934 (47 U.S.C. 225), as amended by subsection (c), is
further amended by adding after subsection (h) the following
new subsection:
``(i) Followup Proceeding.--
``(1) In general.--Not later than 30 months after the date
of enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission, in
consultation with all relevant Federal agencies, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report--
``(A) concerning how the Commission is ensuring that
telecommunications relay service customers have access to
improved technologies, interoperability, and functionalities;
and
``(B) identifying impediments to the broad and efficient
use of telecommunications relay services in the workplace.
``(2) Suggestions for workplace adoption.--The Commission
shall develop suggestions to facilitate broader and more
efficient use of telecommunications relay services in the
workplace, including suggestions for facilitating the
replacement of outdated end-user telecommunications relay
services equipment in public places and government
offices.''.
SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.
(a) Title VII Amendment.--Title VII of the Communications
Act of 1934 (47 U.S.C. 601 et seq.), as amended by section
103, is further amended by adding at the end the following
new sections:
``SEC. 716. ACCESS TO INTERNET-BASED EQUIPMENT AND SERVICES.
``(a) Access to Equipment.--
``(1) Right to accessible equipment.--With respect to
equipment manufactured after the effective date of the
regulations established pursuant to this section, and subject
to those regulations, a manufacturer of equipment used for
advanced communications, including end user equipment,
network equipment, and software, shall ensure that such
equipment that such manufacturer offers for sale or otherwise
distributes in interstate commerce shall be accessible to and
usable by individuals with disabilities, unless doing so is
not achievable.
``(2) Industry flexibility.--A manufacturer of equipment
may satisfy the requirements of paragraph (1) with respect to
such equipment by--
``(A) ensuring that the equipment that such manufacturer
offers is accessible to and usable by individuals with
disabilities without the use of third party applications,
peripheral devices, software, hardware, or customer premises
equipment; or
``(B) if such manufacturer chooses, using third party
applications, peripheral devices, software, hardware, or
customer premises equipment that is available to the consumer
at nominal cost and that individuals with disabilities can
access.
``(b) Access to Services.--
``(1) Right to accessible services.--With respect to
advanced communications services offered after the effective
date of the regulations established pursuant to this section,
and subject to those regulations, a provider of services used
for advanced communications shall ensure that such services
that such provider offers for sale or otherwise distributes
in interstate commerce shall be accessible to and usable by
individuals with disabilities, unless doing so is not
achievable.
``(2) Industry flexibility.--A provider of services may
satisfy the requirements of paragraph (1) with respect to
such services by--
[[Page H5998]]
``(A) ensuring that the services that such provider offers
are accessible to and usable by individuals with disabilities
without the use of third party applications, peripheral
devices, software, hardware, or customer premises equipment;
or
``(B) if such provider chooses, using third party
applications, peripheral devices, software, hardware, or
customer premises equipment that is available to the consumer
at nominal cost and that individuals with disabilities can
access.
``(c) Compatibility.--Whenever the requirements of
subsection (a) are not achievable for a manufacturer, or the
requirements of subsection (b) are not achievable for a
provider, a manufacturer or provider shall ensure that its
equipment or service is compatible with peripheral devices or
specialized customer premises equipment commonly used by
individuals with disabilities to achieve access, unless the
requirement of this subsection is not achievable.
``(d) Network Features, Functions, and Capabilities.--Each
provider of advanced communications services has the duty not
to install network features, functions, or capabilities that
impede accessibility or usability of advanced communications
services.
``(e) Regulations.--
``(1) In general.--Within one year after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall
promulgate such regulations as are necessary to implement
this section. In prescribing the regulations, the Commission
shall--
``(A) include performance objectives to ensure the
accessibility, usability, and compatibility of advanced
communications services and the equipment used for advanced
communications services by individuals with disabilities;
``(B) provide that advanced communications services, the
equipment used for advanced communications services, and
networks used to provide advanced communications services may
not impair or impede the accessibility of information content
when accessibility has been incorporated into that content
for transmission through advanced communications services,
equipment used for advanced communications services, or
networks used to provide advanced communications services;
and
``(C) determine the obligations under this section of
manufacturers, service providers, and providers of
applications.
``(2) Prospective guidelines.--The Commission shall issue
prospective guidelines for a manufacturer or provider
regarding the requirements of this section.
``(f) Services and Equipment Subject to Section 255.--The
requirements of this section shall not apply to any equipment
or services, including interconnected VoIP service, that are
subject to the requirements of section 255 on the day before
the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010. Such
services and equipment shall remain subject to the
requirements of section 255.
``(g) Achievable Defined.--For purposes of this section and
section 718, the term `achievable' means with reasonable
effort or expense, as determined by the Commission. In
determining whether the requirements of a provision are
achievable, the Commission shall consider the following
factors:
``(1) The nature and cost of the steps needed to meet the
requirements of this section with respect to the specific
equipment or service in question.
``(2) The impact on the operations of the manufacturer or
provider and on the operation of the specific equipment or
service in question, including on the development and
deployment of new communications technologies.
``(3) The financial resources of the manufacturer or
provider.
``(4) The type of operations of the manufacturer or
provider.
``(5) The extent to which the service provider or
manufacturer in question offers accessible services or
equipment containing varying degrees of functionality and
features, and offered at differing price points.
``(h) Commission Flexibility.--
``(1) Waiver.--The Commission shall have the authority, on
its own motion or in response to a petition by a manufacturer
or provider, to waive the requirements of this section for
any feature or function of equipment used to provide or
access advanced communications services, or for any class of
such equipment, that--
``(A) is capable of accessing an advanced communications
service; and
``(B) is designed for multiple purposes, but is designed
primarily for purposes other than using advanced
communications services.
``(2) Small entity exemption.--The Commission may exempt
small entities from the requirements of this section.
``(i) Customized Equipment or Services.--The provisions of
this section shall not apply to customized equipment or
services that are not offered directly to the public, or to
such classes of users as to be effectively available directly
to the public, regardless of the facilities used.
``(j) Rule of Construction.--This section shall not be
construed to require a manufacturer of equipment used for
advanced communications or a provider of advanced
communications services to make every feature and function of
every device or service accessible for every disability.
``SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS.
``(a) Complaint and Enforcement Procedures.--Within one
year after the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010, the
Commission shall establish regulations that facilitate the
filing of formal and informal complaints that allege a
violation of section 255, 716, or 718, establish procedures
for enforcement actions by the Commission with respect to
such violations, and implement the recordkeeping obligations
of paragraph (5) for manufacturers and providers subject to
such sections. Such regulations shall include the following
provisions:
``(1) No fee.--The Commission shall not charge any fee to
an individual who files a complaint alleging a violation of
section 255, 716, or 718.
``(2) Receipt of complaints.--The Commission shall
establish separate and identifiable electronic, telephonic,
and physical receptacles for the receipt of complaints filed
under section 255, 716, or 718.
``(3) Complaints to the commission.--
``(A) In general.--Any person alleging a violation of
section 255, 716, or 718 by a manufacturer of equipment or
provider of service subject to such sections may file a
formal or informal complaint with the Commission.
``(B) Investigation of informal complaint.--The Commission
shall investigate the allegations in an informal complaint
and, within 180 days after the date on which such complaint
was filed with the Commission, issue an order concluding the
investigation, unless such complaint is resolved before such
time. The order shall include a determination whether any
violation occurred.
``(i) Violation.--If the Commission determines that a
violation has occurred, the Commission may, in the order
issued under this subparagraph or in a subsequent order,
require the manufacturer or service provider to take such
action as is necessary to comply with the requirements of
this section.
``(ii) No violation.--If a determination is made that a
violation has not occurred, the Commission shall provide the
basis for such determination.
``(C) Consolidation of complaints.--The Commission may
consolidate for investigation and resolution complaints
alleging substantially the same violation.
``(4) Opportunity to respond.--Before the Commission makes
a determination pursuant to paragraph (3), the party that is
the subject of the complaint shall have a reasonable
opportunity to respond to such complaint, and may include in
such response any factors that are relevant to such
determination.
``(5) Recordkeeping.--
``(A) In general.--Beginning one year after the effective
date of regulations promulgated pursuant to section 716(e),
each manufacturer and provider subject to sections 255, 716,
or 718 shall maintain, in the ordinary course of business and
for a reasonable period, records of any efforts taken by such
manufacturer or provider to implement sections 255, 716, or
718, including the following:
``(i) Information about the manufacturer's or provider's
efforts to consult with individuals with disabilities.
``(ii) Descriptions of the accessibility features of its
products and services.
``(iii) Information about the compatibility of such
products and services with peripheral devices or specialized
customer premise equipment commonly used by individuals with
disabilities to achieve access.
``(B) Submission of annual certification.--An officer of a
manufacturer or provider shall submit to the Commission an
annual certification that records are being kept in
accordance with subparagraph (A).
``(C) Commission request for records.--After the filing of
a formal or informal complaint against a manufacturer or
provider in the manner prescribed in paragraph (3), the
Commission may request, and shall keep confidential, a copy
of the records maintained by such manufacturer or provider
pursuant to subparagraph (A) of this paragraph that are
directly relevant to the equipment or service that is the
subject of such complaint.
``(6) Failure to act.--If the Commission fails to carry out
any of its responsibilities to act upon a complaint in the
manner prescribed in paragraph (3), the person that filed
such complaint may bring an action in the nature of mandamus
in the United States Court of Appeals for the District of
Columbia to compel the Commission to carry out any such
responsibility.
``(7) Commission jurisdiction.--The limitations of section
255(f) shall apply to any claim that alleges a violation of
section 255, 716, or 718. Nothing in this paragraph affects
or limits any action for mandamus under paragraph (6) or any
appeal pursuant to section 402(b)(10).
``(8) Private resolutions of complaints.--Nothing in the
Commission's rules or this Act shall be construed to preclude
a person who files a complaint and a manufacturer or provider
from resolving a formal or informal complaint prior to the
Commission's final determination in a complaint proceeding.
In the event of such a resolution, the parties shall jointly
request dismissal of the complaint and the Commission shall
grant such request.
``(b) Reports to Congress.--
``(1) In general.--Every two years after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall submit
to the Committee on Commerce,
[[Page H5999]]
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report that includes the following:
``(A) An assessment of the level of compliance with
sections 255, 716, and 718.
``(B) An evaluation of the extent to which any
accessibility barriers still exist with respect to new
communications technologies.
``(C) The number and nature of complaints received pursuant
to subsection (a) during the two years that are the subject
of the report.
``(D) A description of the actions taken to resolve such
complaints under this section, including forfeiture penalties
assessed.
``(E) The length of time that was taken by the Commission
to resolve each such complaint.
``(F) The number, status, nature, and outcome of any
actions for mandamus filed pursuant to subsection (a)(6) and
the number, status, nature, and outcome of any appeals filed
pursuant to section 402(b)(10).
``(G) An assessment of the effect of the requirements of
this section on the development and deployment of new
communications technologies.
``(2) Public comment required.--The Commission shall seek
public comment on its tentative findings prior to submission
to the Committees of the report under this subsection.
``(c) Comptroller General Enforcement Study.--
``(1) In general.--The Comptroller General shall conduct a
study to consider and evaluate the following:
``(A) The Commission's compliance with the requirements of
this section, including the Commission's level of compliance
with the deadlines established under and pursuant to this
section and deadlines for acting on complaints pursuant to
subsection (a).
``(B) Whether the enforcement actions taken by the
Commission pursuant to this section have been appropriate and
effective in ensuring compliance with this section.
``(C) Whether the enforcement provisions under this section
are adequate to ensure compliance with this section.
``(D) An assessment of the effect of the requirements of
this section on the development and deployment of new
communications technologies.
``(2) Report.--Not later than 5 years after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Comptroller General
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
results of the study required by paragraph (1), with
recommendations for how the enforcement process and measures
under this section may be modified or improved.
``(d) Clearinghouse.--Within one year after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall, in
consultation with the Architectural and Transportation
Barriers Compliance Board, the National Telecommunications
and Information Administration, trade associations, and
organizations representing individuals with disabilities,
establish a clearinghouse of information on the availability
of accessible products and services and accessibility
solutions required under sections 255, 716, and 718. Such
information shall be made publicly available on the
Commission's website and by other means, and shall include an
annually updated list of products and services with access
features.
``(e) Outreach and Education.--Upon establishment of the
clearinghouse of information required under subsection (d),
the Commission, in coordination with the National
Telecommunications and Information Administration, shall
conduct an informational and educational program designed to
inform the public about the availability of the clearinghouse
and the protections and remedies available under sections
255, 716, and 718.
``SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES USED WITH
PUBLIC MOBILE SERVICES.
``(a) Accessibility.--If a manufacturer of a telephone used
with public mobile services (as such term is defined in
section 710(b)(4)(B)) includes an Internet browser in such
telephone, or if a provider of mobile service arranges for
the inclusion of a browser in telephones to sell to
customers, the manufacturer or provider shall ensure that the
functions of the included browser (including the ability to
launch the browser) are accessible to and usable by
individuals who are blind or have a visual impairment, unless
doing so is not achievable, except that this subsection shall
not impose any requirement on such manufacturer or provider--
``(1) to make accessible or usable any Internet browser
other than a browser that such manufacturer or provider
includes or arranges to include in the telephone; or
``(2) to make Internet content, applications, or services
accessible or usable (other than enabling individuals with
disabilities to use an included browser to access such
content, applications, or services).
``(b) Industry Flexibility.--A manufacturer or provider may
satisfy the requirements of subsection (a) with respect to
such telephone or services by--
``(1) ensuring that the telephone or services that such
manufacture or provider offers is accessible to and usable by
individuals with disabilities without the use of third party
applications, peripheral devices, software, hardware, or
customer premises equipment; or
``(2) using third party applications, peripheral devices,
software, hardware, or customer premises equipment that is
available to the consumer at nominal cost and that
individuals with disabilities can access.''.
(b) Effective Date for Section 718.--Section 718 of the
Communications Act of 1934, as added by subsection (a), shall
take effect 3 years after the date of enactment of this Act.
(c) Title V Amendments.--Section 503(b)(2) of such Act (47
U.S.C. 503(b)(2)) is amended by adding after subparagraph (E)
the following:
``(F) Subject to paragraph (5) of this section, if the
violator is a manufacturer or service provider subject to the
requirements of section 255, 716, or 718, and is determined
by the Commission to have violated any such requirement, the
manufacturer or provider shall be liable to the United States
for a forfeiture penalty of not more than $100,000 for each
violation or each day of a continuing violation, except that
the amount assessed for any continuing violation shall not
exceed a total of $1,000,000 for any single act or failure to
act.''.
(d) Review of Commission Determinations.--Section 402(b) of
such Act (47 U.S.C. 402(b)) is amended by adding the
following new paragraph:
``(10) By any person who is aggrieved or whose interests
are adversely affected by a determination made by the
Commission under section 717(a)(3).''.
SEC. 105. EMERGENCY ACCESS ADVISORY COMMITTEE.
(a) Establishment.--For the purpose of achieving equal
access to emergency services by individuals with
disabilities, as a part of the migration to a national
Internet protocol-enabled emergency network, not later than
60 days after the date of enactment of this Act, the Chairman
of the Commission shall establish an advisory committee, to
be known as the Emergency Access Advisory Committee (referred
to in this section as the ``Advisory Committee'').
(b) Membership.--As soon as practicable after the date of
enactment of this Act, the Chairman of the Commission shall
appoint the members of the Advisory Committee, ensuring a
balance between individuals with disabilities and other
stakeholders, and shall designate two such members as the co-
chairs of the Committee. Members of the Advisory Committee
shall be selected from the following groups:
(1) State and local government and emergency responder
representatives.--Representatives of State and local
governments and representatives of emergency response
providers, selected from among individuals nominated by
national organizations representing such governments and
representatives.
(2) Subject matter experts.--Individuals who have the
technical knowledge and expertise to serve on the Advisory
Committee in the fulfillment of its duties, including
representatives of--
(A) providers of interconnected and non-interconnected VoIP
services;
(B) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
interconnected and non-interconnected VoIP services;
(C) national organizations representing individuals with
disabilities and senior citizens;
(D) Federal agencies or departments responsible for the
implementation of the Next Generation E 9-1-1 system;
(E) the National Institute of Standards and Technology; and
(F) other individuals with such technical knowledge and
expertise.
(3) Representatives of other stakeholders and interested
parties.--Representatives of such other stakeholders and
interested and affected parties as the Chairman of the
Commission determines appropriate.
(c) Development of Recommendations.--Within one year after
the completion of the member appointment process by the
Chairman of the Commission pursuant to subsection (b), the
Advisory Committee shall develop and submit to the Commission
recommendations to implement such technologies and methods,
including recommendations--
(1) with respect to what actions are necessary as a part of
the migration to a national Internet protocol-enabled network
to achieve reliable, interoperable communication transmitted
over such network that will ensure access to emergency
services by individuals with disabilities;
(2) for protocols, technical capabilities, and technical
requirements to ensure reliability and interoperability
necessary to ensure access to emergency services by
individuals with disabilities;
(3) for the establishment of technical standards for use by
public safety answering points, designated default answering
points, and local emergency authorities;
(4) for relevant technical standards and requirements for
communication devices and equipment and technologies to
enable the use of reliable emergency access;
(5) for procedures to be followed by IP-enabled network
providers to ensure that such providers do not install
features, functions, or capabilities that would conflict with
technical standards;
(6) for deadlines by which providers of interconnected and
non-interconnected VoIP
[[Page H6000]]
services and manufacturers of equipment used for such
services shall achieve the actions required in paragraphs (1)
through (5), and for the possible phase out of the use of
current-generation TTY technology to the extent that this
technology is replaced with more effective and efficient
technologies and methods to enable access to emergency
services by individuals with disabilities; and
(7) for the establishment of rules to update the
Commission's rules with respect to 9-1-1 services and E-911
services, as such term is defined in section 158 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 942), for users of
telecommunications relay services as new technologies and
methods for providing such relay services are adopted by
providers of such relay services.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 45 days after the
completion of the member appointment process by the Chairman
of the Commission pursuant to subsection (b).
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the chairs, but
no less than monthly until the recommendations required
pursuant to subsection (c) are completed and submitted.
(3) Notice; open meetings.--Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days in
advance and shall be open to the public.
(e) Procedural Rules.--
(1) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business
of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the chair may establish
appropriate subcommittees composed of members of the Advisory
Committee and other subject matter experts as determined to
be necessary.
(3) Additional procedural rules.--The Advisory Committee
may adopt other procedural rules as needed.
(f) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.
(g) Implementing Recommendations.--The Commission shall
have the authority to promulgate regulations to implement the
recommendations proposed by the Advisory Committee, as well
as any other regulations as are necessary to achieve
reliable, interoperable communication that ensures access by
individuals with disabilities to an Internet protocol-enabled
emergency network.
(h) Survey.--Not later than 30 months after the date of
enactment of this Act, the Commission shall conduct and
publish the results of a national survey of individuals with
disabilities concerning real time text, geolocation services,
instant messaging services, and mobile telecommunications
relay services. The survey shall seek to determine what
individuals with disabilities believe to be the most
effective and efficient technologies and methods by which to
enable access to emergency services by individuals with
disabilities.
(i) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``Chairman'' means the Chairman of the Federal
Communications Commission; and
(3) except as otherwise expressly provided, other terms
have the meanings given such terms in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
SEC. 106. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.
Title VII of the Communications Act of 1934 (47 U.S.C. 601
et seq.), as amended by sections 103 and 104, is further
amended by adding at the end the following:
``SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.
``(a) In General.--Within 6 months after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall
establish rules that define as eligible for relay service
support those programs that are approved by the Commission
for the distribution of specialized customer premises
equipment designed to make telecommunications service,
Internet access service, and advanced communications,
including interexchange services and advanced
telecommunications and information services, accessible by
low-income individuals who are deaf-blind.
``(b) Individuals Who Are Deaf-blind Defined.--For purposes
of this section, the term `individuals who are deaf-blind'
has the meaning given such term in section 206 of the Helen
Keller National Center Act (29 U.S.C. 1905).
``(c) Annual Amount.--The total amount of support the
Commission may provide from its Telecommunications Relay
Services Fund for any fiscal year may not exceed
$10,000,000.''.
TITLE II--VIDEO PROGRAMMING
SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Chairman shall establish an
advisory committee to be known as the Video Programming and
Emergency Access Advisory Committee.
(b) Membership.--As soon as practicable after the date of
enactment of this Act, the Chairman shall appoint individuals
who have the technical knowledge and engineering expertise to
serve on the Advisory Committee in the fulfillment of its
duties, including the following:
(1) Representatives of distributors and providers of video
programming or national organizations representing such
distributors and providers.
(2) Representatives of vendors, developers, and
manufacturers of systems, facilities, equipment, and
capabilities for the provision of video programming delivered
using Internet protocol or a national organization
representing such vendors, developers, or manufacturers.
(3) Representatives of manufacturers of consumer
electronics or information technology equipment or a national
organization representing such manufacturers.
(4) Representatives of national organizations representing
accessibility advocates, including individuals with
disabilities and the elderly.
(5) Representatives of the broadcast television industry or
a national organization representing such industry.
(6) Other individuals with technical and engineering
expertise, as the Chairman determines appropriate.
(c) Commission Oversight.--The Chairman shall appoint a
member of the Commission's staff to moderate and direct the
work of the Advisory Committee.
(d) Technical Staff.--The Commission shall appoint a member
of the Commission's technical staff to provide technical
assistance to the Advisory Committee.
(e) Development of Recommendations.--
(1) Closed captioning report.--Within 6 months after the
date of the first meeting of the Advisory Committee, the
Advisory Committee shall develop and submit to the Commission
a report that includes the following:
(A) An identification of the performance objectives for
protocols, technical capabilities, and technical procedures
needed to permit content providers, content distributors,
Internet service providers, software developers, and device
manufacturers to reliably encode, transport, receive, and
render closed captions of video programming delivered using
Internet protocol.
(B) An identification of additional protocols, technical
capabilities, and technical procedures beyond those available
as of the date of enactment of this Act for the delivery of
closed captions of video programming delivered using Internet
protocol that are necessary to meet the performance
objectives identified under subparagraph (A).
(C) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming
delivered using Internet protocol and devices capable of
receiving and displaying such programming in order to
facilitate access to closed captions.
(2) Video description, emergency information, user
interfaces, and video programming guides and menus.--Within
18 months after the date of enactment of this Act, the
Advisory Committee shall develop and submit to the Commission
a report that includes the following:
(A) An identification of the performance objectives for
protocols, technical capabilities, and technical procedures
needed to permit content providers, content distributors,
Internet service providers, software developers, and device
manufacturers to reliably encode, transport, receive, and
render video descriptions of video programming and emergency
information delivered using Internet protocol or digital
broadcast television.
(B) An identification of additional protocols, technical
capabilities, and technical procedures beyond those available
as of the date of enactment of this Act for the delivery of
video descriptions of video programming and emergency
information delivered using Internet protocol that are
necessary to meet the performance objectives identified under
subparagraph (A).
(C) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming
delivered using Internet protocol and devices capable of
receiving and displaying such programming in order to
facilitate access to emergency information.
(D) With respect to user interfaces, a recommendation for
the standards, protocols, and procedures used to enable the
functions of apparatus designed to receive or display video
programming transmitted simultaneously with sound (including
apparatus designed to receive or display video programming
transmitted by means of services using Internet protocol) to
be accessible to and usable by individuals with disabilities.
(E) With respect to user interfaces, a recommendation for
the standards, protocols, and procedures used to enable on-
screen text menus and other visual indicators used to access
the functions on an apparatus described in subparagraph (D)
to be accompanied by audio output so that such menus or
indicators are accessible to and usable by individuals with
disabilities.
(F) A recommendation for the standards, protocols, and
procedures used to enable the selection of video programming
information on an apparatus or navigation device by means of
a guide or menu to be accessible in real-time by individuals
who are blind or have a visual impairment.
(3) Consideration of standards, protocols, and procedures
by standard-setting
[[Page H6001]]
organizations.--The recommendations of the Advisory Committee
shall, to the extent possible, incorporate the standards,
protocols, and procedures that have been adopted by
appropriate industry standard-setting organizations for the
report requirements described in paragraphs (1) and (2).
(f) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 180 days after the
date of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the Chairman.
(3) Notice; open meetings.--Any meeting held by the
Advisory Committee shall be noticed at least 14 days before
such meeting and shall be open to the public.
(g) Procedural Rules.--
(1) Quorum.--The presence of one-third of the members of
the Advisory Committee shall constitute a quorum for
conducting the business of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the Chairman may establish
appropriate subcommittees composed of members of the Advisory
Committee and other subject matter experts.
(3) Additional procedural rules.--The Advisory Committee
may adopt other procedural rules as needed.
(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.
SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING.
(a) Video Description.--Section 713 of the Communications
Act of 1934 (47 U.S.C. 613) is amended--
(1) by striking subsections (f) and (g);
(2) by redesignating subsection (h) as subsection (j); and
(3) by inserting after subsection (e) the following:
``(f) Video Description.--
``(1) Reinstatement of regulations.--On the day that is 1
year after the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010, the
Commission shall, after a rulemaking, reinstate its video
description regulations contained in the Implementation of
Video Description of Video Programming Report and Order (15
F.C.C.R. 15,230 (2000)), modified as provided in paragraph
(2).
``(2) Modifications to reinstated regulations.--Such
regulations shall be modified only as follows:
``(A) The regulations shall apply to video programming, as
defined in subsection (i), insofar as such programming is
transmitted for display on television in digital format.
``(B) The Commission shall update the list of the top 25
Designated Market Areas, the list of the top 5 national
nonbroadcast networks that have at least 50 hours per quarter
of prime time programming that is not exempt under this
paragraph, and the designation of the beginning calendar
quarter for which compliance shall be calculated.
``(C) The regulations may permit a provider of video
programming or a program owner to petition the Commission for
an exemption from the requirements of this section upon a
showing that the requirements contained in this section would
be economically burdensome.
``(D) The Commission may exempt from the regulations
established pursuant to paragraph (1) a service, class of
services, program, class of programs, equipment, or class of
equipment for which the Commission has determined that the
application of such regulations would be economically
burdensome for the provider of such service, program, or
equipment.
``(E) The regulations shall not apply to live or near-live
programming.
``(F) The regulations shall provide for an appropriate
phased schedule of deadlines for compliance.
``(3) Inquiries on further video description
requirements.--The Commission shall commence the following
inquiries not later than 1 year after the completion of the
phase-in of the reinstated regulations and shall report to
Congress 1 year thereafter on the findings for each of the
following:
``(A) Video description in television programming.--The
availability, use, and benefits of video description on video
programming distributed on television, the technical and
creative issues associated with providing such video
description, and the financial costs of providing such video
description for providers of video programming and program
owners.
``(B) Video description in video programming distributed on
the internet.--The technical and operational issues, costs,
and benefits of providing video descriptions for video
programming that is delivered using Internet protocol.
``(4) Continuing commission authority.--
``(A) In general.--The Commission may issue additional
regulations if the Commission determines, at least 2 years
after completing the reports required in paragraph (3), that
the need for and benefits of providing video descriptions for
video programming, insofar as such programming is transmitted
for display on television, are greater than the technical and
economic costs of providing such additional programming. If
the Commission makes such a determination and issues
additional regulations, the Commission may increase, in
total, the hours requirement for described video programming,
insofar as such programming is transmitted for display on
television, up to 75 percent of the requirement in the
regulations reinstated under paragraph (1).
``(B) Further requirements.--
``(i) Report.--Nine years after the date of enactment of
the Twenty-First Century Communications and Video
Accessibility Act of 2010, the Commission shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report assessing--
``(I) the types of described video programming that is
available to consumers;
``(II) consumer use of such programming;
``(III) the costs to program owners, providers, and
distributors of creating such programming;
``(IV) the benefits to consumers of such programming;
``(V) the amount of such programming currently available;
and
``(VI) the need for additional described programming.
``(ii) Increased availability.--Ten years after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall have
the authority, based upon the findings, conclusions, and
recommendations contained in the report under clause (i), to
increase the availability of such programming.
``(C) Application to designated market areas.--
``(i) In general.--After the Commission completes the study
on video description, the Commission shall phase in the video
description regulations for all designated market areas,
except that the Commission may grant waivers to entities in
specific designated market areas where it deems appropriate.
``(ii) Phase-in deadline.--The phase-in described under
clause (i) shall be completed not later than 6 years after
the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010.
``(g) Emergency Information.--Not later than 1 year after
the Video Programming and Emergency Access Advisory Committee
report under section 201(e)(2) of the Twenty-First Century
Communications and Video Accessibility Act of 2010 is
submitted to the Commission, the Commission shall complete a
proceeding to--
``(1) identify methods to convey emergency information (as
that term is defined in section 79.2 of title 47, Code of
Federal Regulations) in a manner accessible to individuals
who are blind or have a visual impairment; and
``(2) promulgate regulations that require certain
designated video programming providers and video programming
distributors (as those terms are defined in section 79.1 of
title 47, Code of Federal Regulations) and program owners to
convey such emergency information in a manner accessible to
individuals who are blind or have a visual impairment.
``(h) Responsibilities.--
``(1) Video programming owner.--A video programming owner
shall ensure that any closed captioning and video description
required pursuant to this section is provided in accordance
with the technical standards, protocols, and procedures
established by the Commission.
``(2) Video programming provider or distributor.--A video
programming provider or video programming distributor shall
be deemed in compliance with this section and the rules and
regulation promulgated thereunder if such provider or
distributor enables the rendering or the pass through of
closed captions and video description signals.
``(i) Definitions.--For purposes of this section, section
303, and section 330:
``(1) Video description.--The term `video description'
means the insertion of audio narrated descriptions of a
television program's key visual elements into natural pauses
between the program's dialogue.
``(2) Video programming.--The term `video programming' has
the meaning given such term in section 602.''.
(b) Closed Captioning on Video Programming Delivered Using
Internet Protocol.--Section 713 of such Act is further
amended by striking subsection (c) and inserting the
following:
``(c) Deadlines for Captioning.--
``(1) In general.--The regulations prescribed pursuant to
subsection (b) shall include an appropriate schedule of
deadlines for the provision of closed captioning of video
programming published or exhibited on television.
``(2) Deadlines for programming delivered using internet
protocol.--
``(A) Regulations on closed captioning on video programming
delivered using internet protocol.--Not later than 6 months
after the submission of the report to the Commission required
by section 201(e)(1) of the Twenty-First Century
Communications and Video Accessibility Act of 2010, the
Commission shall promulgate regulations to require the
provision of closed captioning on video programming delivered
using Internet protocol.
``(B) Schedule.--The regulations prescribed under this
paragraph shall include an appropriate schedule of decoding
for the provision of closed captioning, taking into account
whether such programming is prerecorded and edited for
Internet distribution, or whether such programming is live or
near-live and not edited for Internet distribution.
[[Page H6002]]
``(C) Cost.--The Commission may delay or waive the
regulation promulgated under subparagraph (A) to the extent
the Commission finds that the application of the regulation
to live video programming delivered using Internet protocol
would be economically burdensome to providers of video
programming or program owners.
``(D) Requirements for regulations.--
``(i) In general.--The regulations prescribed under this
paragraph--
``(I) shall contain a definition of `near-live programming'
and `edited for Internet distribution';
``(II) may exempt any service, class of service, program,
class of program, equipment, or class of equipment for which
the Commission has determined that the application of such
regulations would be economically burdensome to the provider
of such service, program, or equipment;
``(III) shall provide that de minimis failure to comply
with such regulations by a provider of video programming or
program owner shall not be treated as a violation of the
regulations; and
``(IV) shall only apply to video programming that is
transmitted for display on television with closed captioning
after the effective date of the regulations issued pursuant
to this section.
``(ii) Alternate means.--An entity may meet the
requirements of this section through alternate means than
those prescribed by regulations pursuant to paragraph (1) if
the requirements of this section are met, as determined by
the Commission.''.
(c) Conforming Amendment.--Section 713(d) of such Act is
amended by striking paragraph (3) and inserting the
following:
``(3)(A) a provider of video programming or program owner
may petition the Commission for an exemption from the
requirements of this section;
``(B) the Commission may grant such petition upon a showing
that the requirements contained in this section would be
economically burdensome;
``(C) during the pendency of such a petition, such provider
or owner shall be exempt from the requirements of this
section; and
``(D) the Commission shall act to grant or deny any such
petition, in whole or in part, within 6 months after the
Commission receives such petition, unless the Commission
finds that an extension of the 6-month period is necessary to
determine whether such requirements are economically
burdensome.''.
(d) Reporting Requirement.--Two years after the effective
date of the regulations issued pursuant to this section, and
biennially thereafter, each broadcast television network and
each cable television network shall submit to the Commission
a report containing the number of hours, in the applicable 2-
year period, of video programming not published or exhibited
on television after the date of enactment of this Act that
was provided on the Internet with closed captioning.
(e) Report to Congress.--
(1) In general.--Three years after the date of enactment of
this Act, the Commission shall submit a report to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(A) assessing the technical, economic, and operational
issues regarding the captioning of video programming that is
distributed only over the Internet, including the types and
amounts of such video programming that is or could be
captioned, the types of entities producing such programming,
and the effects a closed captioning requirement may have on
the producers of such programming;
(B) assessing the benefits to and use by consumers of
closed captioning of video programming that is distributed
only over the Internet for consumers; and
(C) making recommendations, if any, of whether Congress
should adopt or the Commission should implement a closed
captioning requirement for such programming.
(2) Updates.--The Commission shall periodically update the
report to the Committees as it determines appropriate.
SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION
CAPABILITY.
(a) Authority to Regulate.--Section 303(u) of the
Communications Act of 1934 (47 U.S.C. 303(u)) is amended to
read as follows:
``(u) Require that--
``(1) apparatus designed to receive or play back video
programming transmitted simultaneously with sound, if such
apparatus is manufactured in the United States or imported
for use in the United States and uses a picture screen of any
size--
``(A) be equipped with built-in closed caption decoder
circuitry or capability designed to display closed-captioned
video programming;
``(B) have the capability to decode and make available the
transmission and delivery of video description services as
required by regulations reinstated and modified pursuant to
section 713(f); and
``(C) have the capability to decode and make available
emergency information (as that term is defined in section
79.2 of title 47, Code of Federal Regulations) in a manner
that is accessible to individuals who are blind or have a
visual impairment; and
``(2) notwithstanding paragraph (1) of this subsection--
``(A) apparatus described in such paragraph that use a
picture screen that is less than 13 inches in size meet the
requirements of subparagraphs (A), (B), and (C) of such
paragraph only if the requirements of such subparagraphs are
achievable (as defined in section 716);
``(B) any apparatus or class of apparatus that are display-
only video monitors with no playback capability are exempt
from the requirements of such paragraph; and
``(C) the Commission shall have the authority to waive the
requirements of this subsection for any apparatus or class of
apparatus.''.
(b) Other Devices.--Section 303 of the Communications Act
of 1934 (47 U.S.C. 303) is further amended by adding at the
end the following new subsection:
``(z) Require that--
``(1) if achievable (as defined in section 716), apparatus
designed to record video programming transmitted
simultaneously with sound, if such apparatus is manufactured
in the United States or imported for use in the United
States, enable the rendering or the pass through of closed
captions, video description signals, and emergency
information (as that term is defined in section 79.2 of title
47, Code of Federal Regulations) so that viewers are able to
activate and de-activate the closed captions and video
description as the video programming is played back on a
picture screen of any size; and
``(2) interconnection mechanisms and standards for digital
video source devices are available to carry from the source
device to the consumer equipment the information necessary to
permit the display of closed captions and to make encoded
video description and emergency information audible.''.
(c) Shipment in Commerce.--Section 330(b) of the
Communications Act of 1934 (47 U.S.C. 330(b)) is amended--
(1) by striking ``section 303(u)'' in the first sentence
and inserting ``subsections (u) and (z) of section 303'';
(2) by striking the second sentence and inserting the
following: ``Such rules shall provide performance and display
standards for such built-in decoder circuitry or capability
designed to display closed captioned video programming, the
transmission and delivery of video description services, and
the conveyance of emergency information as required by
section 303 of this Act.''; and
(3) in the fourth sentence, by striking ``closed-captioning
service continues'' and inserting ``closed-captioning service
and video description service continue''.
(d) Implementing Regulations.--
(1) In general.--The Federal Communications Commission
shall, after consideration of the Advisory Committee reports
required by section 201(e), prescribe such regulations as are
necessary to implement the requirements of sections 303(u),
303(z), and 330(b) of the Communications Act of 1934, as
amended by this section, needed for the transmission of--
(A) closed captioning within 6 months after the submission
to the Commission of the Advisory Committee report required
by section section 201(e)(1); and
(B) video description and emergency information within 12
months after the submission to the Commission of the Advisory
Committee report required by section section 201(e)(2).
(2) Alternate means.--An entity may meet the requirements
of sections 303(u), 303(z), and 330(b) of the Communications
Act of 1934 through alternate means than those prescribed by
regulations pursuant to paragraph (1) if the requirements of
such sections are met, as determined by the Commission.
SEC. 204. USER INTERFACES ON DIGITAL APPARATUS.
(a) Amendment.--Section 303 of the Communications Act of
1934 (47 U.S.C. 303) is further amended by adding after
subsection (z), as added by section 203 of this Act, the
following new subsection:
``(aa) Require--
``(1) if achievable (as defined in section 716), that
digital apparatus designed to receive or play back video
programming, that are shipped in interstate commerce or
manufactured in the United States, transmitted in digital
format simultaneously with sound, including apparatus
designed to receive or display video programming transmitted
in digital format using Internet protocol, be designed,
developed, and fabricated so that control of all built-in
apparatus functions are accessible to and usable by
individuals with disabilities;
``(2) that if on-screen text menus or other visual
indicators built in to the digital apparatus are used to
access the functions of the apparatus described in paragraph
(1), such functions shall be accompanied by audio output that
is either integrated or peripheral to the apparatus, so that
such menus or indicators are accessible to and usable by
individuals who are blind or have a visual impairment in
real-time;
``(3) that built-in user controls on such apparatus shall
be capable of accessing closed captioning, including--
``(A) if a remote control is provided with the apparatus--
``(i) a button, key, or icon on the remote control of such
apparatus designated for activating closed captioning; or
``(ii) any other mechanism that provides a substantially
equivalent level of accessibility; and
``(B) if on-screen menus are displayed on such apparatus--
``(i) the inclusion of `closed captions' and `video
description' on the first menu that appears; or
``(ii) any other mechanism that provides a substantially
equivalent level of accessibility; and
[[Page H6003]]
``(4) that in applying this subsection the term `apparatus'
does not include a navigation device, as such term is defined
in section 76.1200 of title 47, Code of Federal
Regulations.''.
(b) Implementing Regulations.--
(1) In general.--Within 12 months after the submission to
the Commission of the Advisory Committee report required by
section 201(e)(2), the Commission shall prescribe such
regulations as are necessary to implement the amendments made
by subsection (a).
(2) Alternate means.--An entity may meet the requirements
of sections 303(aa) of the Communications Act of 1934 through
alternate means than those prescribed by regulations pursuant
to paragraph (1) if the requirements of such section are met,
as determined by the Commission.
(c) Deferral of Compliance With ATSC Mobile DTV Standard A/
153.--A digital apparatus designed and manufactured to
receive or play back the Advanced Television Systems
Committee's Mobile DTV Standards A/153 shall not be required
to meet the requirements of the regulations prescribed under
subsection (b) for a period of not less than 24 months after
the date on which the final regulations are published in the
Federal Register.
SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS
PROVIDED ON NAVIGATION DEVICES.
(a) Amendment.--Section 303 of the Communications Act of
1934 (47 U.S.C. 303) is further amended by adding after
subsection (aa), as added by section 204 of this Act, the
following new subsection:
``(bb) Require--
``(1) if achievable (as defined in section 716), that the
on-screen text menus and guides provided by navigation
devices (as such term is defined in section 76.1200 of title
47, Code of Federal Regulations) for the display or selection
of multichannel video programming are audibly accessible in
real-time upon request by individuals who are blind or have a
visual impairment, except that the Commission may not specify
the technical standards, protocols, procedures, and other
technical requirements for meeting this requirement; and
``(2) for navigation devices with built-in closed
captioning capability, access to such capability through a
button, key, or icon designated for activating the closed
captioning, or through any other mechanism that provides a
substantially equivalent level of accessibility.''
(b) Implementing Regulations.--
(1) In general.--Within 12 months after the submission to
the Commission of the Advisory Committee report required by
section 201(e)(2), the Commission shall prescribe such
regulations as are necessary to implement the amendment made
by subsection (a).
(2) Exemption.--Such regulations may provide an exemption
from the regulations for cable systems serving 50,000 or
fewer subscribers.
(3) Responsibility.--An entity shall only be responsible
for compliance with the requirements added by this section
with respect to navigation devices that such entity provides
to a requesting individual who is blind or has a visual
impairment and shall make reasonable efforts to make such
requirements known to consumers.
(4) Separate equipment or software.--
(A) In general.--Such regulations shall permit but not
require the entity providing the navigation device to the
requesting individual who is blind or has a visual impairment
to comply with section 303(bb)(1) of the Communications Act
of 1934 (as added by subsection (a) of this section) through
such entity's use of software, a peripheral device,
specialized consumer premises equipment, a network-based
service, or other solution, and shall provide such entity
with the flexibility to select the manner of compliance.
(B) Requirements.--If an entity complies with section
303(bb)(1) of the Communications Act of 1934 (as added by
subsection (a) of this section) under subparagraph (A) of
this paragraph, such entity shall provide any such software,
peripheral device, equipment, service, or solution at no
additional charge and within a reasonable time to such
individual.
(5) User controls for closed captioning.--Such regulations
shall permit the entity providing the navigation device
maximum flexibility in the selection of means for compliance
with section 303(bb)(2) of the Communications Act of 1934 (as
added by subsection (a) of this section).
(6) Phase-in.--
(A) In general.--The Commission shall provide affected
entities with--
(i) not less than 2 years after the adoption of such
regulations to begin placing in service devices that comply
with the requirements of section 303(bb)(2) of the
Communications Act of 1934 (as added by subsection (a) of
this section); and
(ii) not less than 3 years after the adoption of such
regulations to begin placing in service devices that comply
with the requirements of section 303(bb)(1) of the
Communications Act of 1934 (as added by subsection (a) of
this section).
(B) Application.--Such regulations shall apply only to
devices manufactured or imported on or after the respective
effective dates established in subparagraph (A).
SEC. 206. DEFINITIONS.
In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established in section 201.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the Federal Communications Commission.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Emergency information.--The term ``emergency
information'' has the meaning given such term in section 79.2
of title 47, Code of Federal Regulations.
(5) Internet protocol.--The term ``Internet protocol''
includes Transmission Control Protocol and a successor
protocol or technology to Internet protocol.
(6) Navigation device.--The term ``navigation device'' has
the meaning given such term in section 76.1200 of title 47,
Code of Federal Regulations.
(7) Video description.--The term ``video description'' has
the meaning given such term in section 713 of the
Communications Act of 1934 (47 U.S.C. 613).
(8) Video programming.--The term ``video programming'' has
the meaning given such term in section 713 of the
Communications Act of 1934 (47 U.S.C. 613).
TITLE III--PAYGO COMPLIANCE
SEC. 301. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Massachusetts (Mr. Markey) and the gentleman from Florida (Mr. Stearns)
each will control 20 minutes.
The Chair recognizes the gentleman from Massachusetts.
General Leave
Mr. MARKEY of Massachusetts. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days in which to revise and
extend their remarks and include extraneous materials in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, it is great to see you, my colleague from New England,
presiding in the chair today at this historic moment. You are always
going to have a permanent place in the history of our country. You are
a great leader and an inspiration to all of us. And everything that we
are doing today is inspired by your incredible personal courage. With
the incredible example that your service to the House is providing, I
am confident that you will not be the last who will sit up there and
preside, but only the first in a long line.
Now since I introduced the legislation before us today, we have
engaged in a bipartisan, extensive, and constructive process with
stakeholders to find common ground on the legislative language and to
move forward with this bill. I want to thank the leadership of Chairman
Henry Waxman, without whom we would not be here today, Rick Boucher,
who worked over the last year to construct this legislation before us,
to Cliff Stearns from Florida, who worked in a bipartisan fashion to
craft this historic legislation which we are about to consider, to Joe
Barton from Texas, who ensured that from the very beginning this would
be a bipartisan effort that we would put together in order to pass the
historic legislation that is today before us.
I would like to think that Helen Keller and Annie Sullivan are
looking down on us here this afternoon and that they are smiling. This
picture of the two of them was taken in 1888 in Brewster,
Massachusetts, on Cape Cod. I am so proud to have the Perkins School
for the Blind, where Annie Sullivan graduated and Helen Keller was
educated, in my congressional district in Watertown, Massachusetts.
When they met 122 years ago, they were a stunning study in contrast:
Alabama and Massachusetts, a daughter of the south, a young woman of
Irish descent traveling south from Boston. Nevertheless, they changed
the world together, these two miracle workers.
{time} 1500
They shattered expectations about what a person who was deaf or blind
could achieve. Now, I am an American of Irish heritage from Boston, and
my
[[Page H6004]]
mother was a Sullivan. She always told me that her relatives were a
particularly smart and determined lot, but I can only imagine the
bottomless resolve and resilience Annie Sullivan must have needed to
navigate her way in the South in the aftermath of the Civil War.
Whether it is a Braille reader or broadband connection access to
technology, it is not a political issue. It is a participation issue.
Each of us should be able to participate in the world to the fullest
extent possible; and the latest communications, video services and
devices can enrich and ennoble how Americans experience and enjoy their
lives.
We are debating this bill today on the 20th anniversary of the
Americans with Disabilities Act, which the first President George Bush
signed into law, underscoring the nonpartisan nature of this vital
issue. The 20th anniversary is an opportunity to look back and to
reflect on the progress which we have made. Coming out of the Energy
and Commerce Committee's Telecommunications Subcommittee over the last
two decades have been a whole series of legislative initiatives aimed
at broadening the disabled community's access to technologies that can
help them do things that most Americans take for granted.
In 1990, we made sure that Americans who are deaf could make
telephone calls. In 1990, we mandated that television shows be closed-
captioned for the deaf so that they could enjoy the same entertainment
and other programming as other Americans. Many deaf and hard-of-hearing
people say that closed-captioning is the single modern accessibility
technology that has changed their lives the most. Then, in 1996, we
inserted language which required the accessibility of all telephone
equipment, including telephones, telephone calls, call waiting, speed
dialing, caller ID, and related services.
Two decades ago, Americans with disabilities couldn't get around if
buildings weren't wheelchair accessible. Today, they can't get around
without being Web accessible. That is what we are talking about here
today. Twenty years ago, the ADA mandated physical ramps into
buildings. Today, individuals with disabilities need online ramps to
the Internet so that they can get to the Web from wherever they happen
to be.
From the time of Heller Keller and Annie Sullivan through the
Americans with Disabilities Act, to closed-captioning for television
programming, to the ability of the deaf to make telephone calls, and
now to the 21st Century Communications and Video Accessibility Act on
the floor today, we have made important progress. We have moved from
Braille to broadcast TV, from broadband to the BlackBerry. We have
moved to ensure that, in each area and today, we move to the Internet
to ensure that everyone in our country has access to this key
information technology.
Annie Sullivan used special language. She spelled in Helen Keller's
palm. In the 21st century, we have moved from tracing the letters of
the alphabet in a palm to navigating a Palm-Pilot, and we must make
sure that all of these modern devices are accessible. Annie Sullivan
was an incredibly dedicated and determined teacher. Now technology
needs to be the teacher--the constant companion providing instruction
and access to the world and opportunities that otherwise would be out
of reach.
By age 10, Helen Keller had mastered reading, Braille and manual sign
language. She then wanted to learn how to speak. At the Horace Mann
School for the Deaf in Boston, Helen took lessons. Then Annie took over
and worked with Helen. Helen did learn to speak, and Helen Keller is
still speaking to us today about how all of us should make the most of
our abilities and participate in society to the fullest, but we need
the technologies to make that possible for every American.
The bill we are considering today significantly increases
accessibility for Americans with disabilities to the indispensable
telecommunications and video technology tools of the 21st century by
making Web access easier through improved user interfaces for
smartphones; by enabling Americans who are blind to enjoy TV fully
through audible descriptions of the on-screen action; by making cable
TV program guides and selection menus accessible to people with vision
loss; by providing Americans who are deaf the ability to watch new TV
programs online with the captions included; by mandating that remote
controls have a button or a similar mechanism to easily access the
closed-captioning on broadcast and pay TV; by requiring that telecom
equipment used to make calls over the Internet is compatible with
hearing aids; and by providing a share of the total of $10 million per
year of funding to purchase Internet access and telecom services for
low-income Americans who are deaf and blind so that these individuals
can more fully participate in society.
Today's miracle worker--today's technology, today's ability to be
able to provide the technologies that people need today--is one that,
as we move forward, we have to make sure has the accessibility for all
Americans. That technology is the iPad. The iPad is something that
today makes it possible for Annie Sullivan and Helen Keller to be able
to access with a touch the technologies that the Helen Kellers and the
Annie Sullivans of today need in order to be able to communicate with
each other and with all of the rest of us. So it is not just like
touching the palm like it was in Annie and Helen's day. It's about
touching the pad, touching these devices, having them speak to them,
and having the ability to be able to speak back in a way that has a
conversation with all of the rest of us in society.
This morning, I did a teleconference with a group of phenomenal
students from the Perkins School for the Blind and the Carroll Center
for the Blind. These young people were born before President Bush
signed the ADA into law. They were born before the BF era, before
Facebook. That's how long ago all of this is. These two schools are led
by two extraordinary visionaries who serve with amazing passion and
commitment--Steve Rothstein of Perkins and Mike Festa of Carroll.
Opportunity, independence, equal access for all--that's what this
legislation is all about. These are timeless American values that were
as relevant when Annie Sullivan and Helen Keller were working together
as they are today. When we maximize participation for all Americans, we
move forward as a country. When we expand the circle of inclusion, we
evolve as a people. When we increase accessibility for Americans with
disabilities, we get closer to fulfilling the ideals of our Nation's
Founders that all men and women are endowed by their Creator with
certain inalienable rights. Among these are life, liberty and the
pursuit of happiness.
This legislation which we are considering today is intended to
increase access for all Americans with disabilities to the
technological tools to succeed in today's interconnected world.
Again, I want to thank the entire disabled community, the deaf and
the blind communities that have advocated for years for this incredible
revolution that is happening here on the floor of the House of
Representatives today. We are in your debt for being the advocates, for
being the witnesses to history so that we make this change today.
Again, I want to thank Chairman Waxman, Mr. Boucher, Mr. Barton, Mr.
Stearns, and all of the Members who worked together in order to make
today the great historic success it is going to be.
Mr. Speaker, I reserve the balance of my time.
{time} 1510
Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume.
Let me also, at this point, thank Mr. Markey for his eloquent
remarks. But also, he is steadfast in pushing this bill. He has been
working on this bill for almost 4 years.
Oftentimes, when you come to the floor on a suspension like this,
many Members do not realize the amount of work that goes into a bill
like this. And I know the ranking member before Mr. Markey had talked
to us about the possibility of this 2 years ago, 3 years ago, 4 years
ago, so I'm glad it's culminated as it is today, 20 years after the
anniversary of the Americans with Disabilities Act.
And obviously, I'd also like to compliment the gentleman from Rhode
Island for being in the chair. It's altogether appropriate, historic
and important.
[[Page H6005]]
I think many of us have come out of the House floor and walked into
the halls of Congress and saw veterans in wheelchairs. We've seen men
and women without legs. We've seen men and women without arms, hands,
some of them practically blind. Shouldn't they have the opportunity to
come back from Afghanistan and Iraq and have the full benefits of the
electronic media? Before this bill passed, they might not have had the
complete opportunity, but now, with this bill they will.
So I rise in strong support of H.R. 3101, the Twenty-First Century
Communications and Video Accessibility Act. We know there's all kinds
of new devices coming on. Mr. Markey mentioned the iPad.
And as I mentioned, it's important that people with disabilities are
not left behind, have access and are afforded the opportunity to enjoy
this wide variety of technology. And in many cases, through the
Internet it's going to be life saving, through tele-medicine and from
other ways that we can help the handicapped, the people that are at
home through emergency calls, and, ultimately, the D spectrum, when we
have that kind of spectrum set aside just for safety and security.
Whenever you do a bill like this, it gets complicated, because lots
of people want to use a lot of mandates for the United States
Government to mandate through the FCC. But I think, as Mr. Markey
pointed out with the iPad, oftentimes industry can come to the front
and voluntarily do it.
We, in the United States Congress, if we mandate certain
technologies, we attempt to pick winners or losers. The best approach
to ensuring accessibility is to establish accessibility goals, but not
dictate how to accomplish them. We need to encourage innovation to
flourish and, my colleagues, this bill does that.
Now, obviously, all legislation we bring up here is not perfect, and
this bill, obviously, needs some additional improvements. Perhaps the
FCC can do that. Nevertheless, I think, as Mr. Markey pointed out,
through the bipartisan process we have had here, Republicans and
Democrats, we achieved a consensus, which is not altogether an everyday
occurrence here in Congress.
So I think, in many ways, we can compliment ourselves, both as
Democrats and Republicans, that we came together on a very important
issue which affects a huge number of manufacturing companies in this
United States and throughout the world. We came together in a
consensus.
And, of course, I would like to thank Chairman Waxman for doing this,
Subcommittee Chairman Boucher from Virginia, Joe Barton, the ranking
member from Texas, and my staff, particularly Neil, who worked with the
Democrat staff to bring this consensus together. A collaboration of
this kind doesn't often happen in such a short amount of time.
My main concern was that the legislation was extremely broad in its
original scope, and included unnecessary mandates. Changes that were
adopted at the committee markup addressed many of my concerns. Language
was added that explicitly states that the relevant section shall not be
construed to require every feature and every function of every device
or service to be accessible for every disability.
So that the record is clear regarding the intentions that underlie
this bill, I want to offer some guidance to the FCC regarding the way
it should view several key provisions in this legislation.
First, my colleagues, the bill creates a new achievable standard to
guide manufacturers' and service providers' efforts to provide
accessibility to the disabled. Under section 255 of the Communications
Act, telecommunications services and equipment must be accessible if
the provision of accessibility is ``readily achievable.''
As introduced, H.R. 3101 proposed moving to a significantly higher
standard under which accessibility would be required unless it imposed
an ``undue burden.'' The ``achievable'' standard we adopt today is a
compromise, a very simple compromise, very important compromise,
between these two positions.
The committee also recognized that it is not necessary for a
manufacturer or service provider to make every piece of equipment or
service accessible, if it offers or directs such person to functionally
equivalent accessible alternatives to the equipment or service in
question. This was a source of concern and confusion by many Members,
and contention, early in the legislative process. And I'm pleased that
this bill we are considering today resolves this issue by adopting
clarifying language that makes this point in a clear and unambiguous
manner.
Finally, my colleagues, the bill before us also recognizes that
advanced communication services and applications may be offered by
third parties, and that manufacturers and network operators should not
be held responsible for ensuring these third party advanced
communication services comply with the act.
Thus, section 2 makes clear that no person is liable for a violation
of this Act to the extent that such person transmits, routes or
provides intermediate or transient storage for content or
communications, or provides an information location tool used to obtain
access to content or information. These are the details that make for a
sound bill.
As I said previously, this legislation is not perfect, but it is
much, much improved due to the hard work of industry and the disability
community who came together, and the staff on both sides of the aisle.
This legislation, Mr. Speaker, goes a long, long way to ensuring that
people with disabilities can utilize all the new and exciting products,
services and applications in the years ahead. I urge its passage.
And for those veterans coming home, this will ensure that you have
access to those new financial programs, those new video devices, those
new devices that are going to make your life a lot easier.
Mr. Speaker, I reserve the balance of my time.
Mr. MARKEY of Massachusetts. The legislation would not be here today
without the incredible leadership of the Chairman of the Energy and
Commerce Committee. He resolved the most nettlesome of issues in the
final week in a way that has made it possible for us to bring this
historic legislation here to the floor. I yield 3 minutes to the
gentleman from California (Mr. Waxman).
Mr. WAXMAN. Mr. Speaker, I'm pleased to rise in support of this very
important legislation.
It was in 1934 when the Communications Act was adopted that it set
out that they would have the goal, in this country, of making
available, so far as possible, to all people without discrimination on
the basis of race, color, religion, national origin or sex, a rapid,
efficient, nationwide, and worldwide wire and radio communications
service.
Well, this legislation before us today furthers this core principle
by ensuring that Americans with disabilities can access the latest
communications technology. It's only fitting that we're taking this
bill up today, the 20th anniversary of the landmark Americans with
Disabilities Act.
Although the ADA remains a critical protection for Americans with
disabilities, our communications laws have not been updated since 1996
when Congress required that plain old telephone service be accessible
to individuals with disabilities.
Fourteen years is more than a lifetime in technology policy,
especially in the Internet age. The world of communications has been
transformed, and we need to update relevant laws so that individuals
with disabilities can share in the amazing benefits these products and
services have to offer.
{time} 1520
H.R. 3101 updates these laws in a number of important ways. Among
other things, the bill requires that advanced communications services
such as videoconferencing and text messaging be accessible to
individuals with disabilities. It ensures that Internet browsers on
smartphones are accessible, and that TV programming distributed over
the Internet contains captions. It reinstates video description rules
designed to ensure that individuals with vision impairment have better
access to TV programming, and it ensures the emergency alert scrolls
that warn consumers of hazardous weather and other conditions can be
heard by those who have vision impairments.
Although the legislation requires access to up-to-date communications
devices and video programming for individuals with disabilities, it's
crafted to
[[Page H6006]]
allow the industry great flexibility in achieving these goals. Given
the pace of technological change, industry should be allowed to meet
the bill's requirements by utilizing the best, least expensive
technology or application. So not only is the legislation the right
thing to do for the millions of Americans with disabilities, it is
friendly to business and encourages innovative solutions.
I would like to recognize the bill's sponsor, Mr. Markey, for his
ongoing dedication and passion for this cause. I want to commend
Chairman Boucher for his leadership in guiding the bill through his
subcommittee. I want to thank Ranking Member Barton and Ranking Member
Stearns as well, and their staff, for their very significant
contributions to this bill.
As I said when we marked up this legislation at the Energy and
Commerce Committee, H.R. 3101 is truly bipartisan, a consensus measure.
It demonstrates what Congress can accomplish when we work together.
H.R. 3101 will improve the lives of millions of Americans. And on this
20th anniversary of the Americans with Disabilities Act, I urge every
Member to vote in support of this measure.
Mr. STEARNS. Mr. Speaker, I just want to speak briefly and sort of
follow up with the gentleman from Massachusetts when he displayed in
his hand the iPad.
I think it's a good example of what Apple has done with the iPad and
how they voluntarily went about to help the people who are impaired by
sight and hearing. They took the necessary steps to make certain that
their product and their applications are acceptable to all people.
For example, when you look at the iPad, all of us think it's sort of,
in a way, revolutionary. It gives you, at a touch of the fingers, an
opportunity to go through and look at newspapers and magazines, to go
on the Internet, to check your email effortlessly. It's sort of using
technology that's breakthrough.
Is it possible that this breakthrough technology could help people
who are disabled? Absolutely.
For example, Mr. Speaker, the iPad comes with a screen reader,
support for playback of the closed caption content, and other
innovative universal access features. This was done right out of the
box. Apple did this voluntarily. These features make iPad easier to use
for people who have vision impairment, are deaf or hard of hearing, or
if they have a physical or learning disability. In addition, the iPad
includes VoiceOver, a gesture-based screen reader for the blind.
Instead of memorizing keyboard commands or pressing tiny arrow keys,
you can simply touch the screen to hear a description of the item under
your finger, then double-tap, drag, or flip to control the iPad.
VoiceOver speaks 21 languages and works with all of the applications
built into the iPad. Let me repeat that. The VoiceOver speaks 21
languages and works with all the applications built into the iPad--a
phenomenon. Apple also enables software developers to create
applications for iPad that work with VoiceOver.
Furthermore, every iPad can display subtitles and closed captioning
for the deaf and hard of hearing when playing movies and podcasts that
support it. Movies and podcasts with closed captioning are available on
the iTunes Store, and can be downloaded directly to iPad or synced to
the iPad using iTunes.
It is important for my colleagues to remember that a company like
Apple included these features without any government mandate. This
suggests that the broader market could be providing better access to
people with disabilities than it does today. This bill will go a long
way towards doing that.
The FCC should remember, when they come asking for comments, when
they have responses, and they have an advisory committee that's all
involved with this, the key for the FCC is for them to be flexible in
their response so that industry, like Apple did with the iPad, has the
flexibility to develop the most sound and comprehensive ways to help
our disabled today.
Mr. Speaker, I reserve the balance of my time.
Mr. MARKEY of Massachusetts. Mr. Speaker, would you advise us as to
how much time is remaining on either side?
The SPEAKER pro tempore. The gentleman from Massachusetts has 3\1/2\
minutes remaining, and the gentleman from Florida has 8\1/2\ minutes
remaining.
Mr. MARKEY of Massachusetts. I reserve the balance of my time.
Mr. STEARNS. In conclusion, I think, as has been pointed out by Mr.
Markey, this is a historic day. Twenty years ago, the Americans with
Disabilities Act passed. I voted for it, I supported it. I think many
people in my district and many of my friends have children who have
disabilities. It's important that these individuals do not feel left
out.
I think the eloquent arguments that we had 20 years ago are no less
important today, particularly in light of the fact that the veterans
that are coming home from Iraq and Afghanistan are coming home with
disabilities that will impair them. And they're in their twenties.
These are young men and women that want to work. And for many of them,
they'd like to go back to their team, but they can't. They must find
employment. They must, in many ways, adjust and transition.
How much better will it be if they can use the Internet, if they can
use the wireless devices that we have? And not to mention the myriad of
new devices that are coming out. How important is this for them? Very
important. So, today, I join with Mr. Markey and others to commend him
for his hard work here and his effort, and I urge all my colleagues to
support this bill.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. MARKEY of Massachusetts. I yield myself such time as I may
consume.
I thank the gentleman from Florida again for his work on this
legislation, and to Mr. Barton and to all of the Members on the
minority, we could not be here without their cooperation today.
This is a very complex piece of legislation. It's historic, but it
required a lot of bipartisan work to bring us to this point.
I want to thank Neil Fried and Will Carty on the minority staff for
their work on this legislation. On the majority side, I want to thank
Roger Sherman, Tim Powderly, Amy Levine, Sarah Fisher. For many years,
Colin Crowell, on my staff, worked on this legislation. But over the
last 1 year, Mark Bayer has worked every day on this bill. And I thank
you, Mark, for your incredible effort on this issue. We could not be
here without the incredible work that was put in by all of these
people.
Back 20 years ago, we had a force of nature, Tony Coelho, the
majority whip, who said it's time for us to ensure that all Americans
have access to all this great bounty in our country. And he had a
handicap himself, and he inspired all the rest of us. A force of
nature. And former Congressman Tony Coelho is out here on the floor
with us today, and he was an inspiration to us.
That inspiration was carried by Steny Hoyer to ensure that that
legislation did pass here in 1990. It was signed by President Bush into
law. And all of the advances that were made thus far that make it
possible for the historic moment where we have a Speaker who is sitting
up there today, Mr. Langevin from Rhode Island, and all the people who
are using today's devices to gain access to the modern Internet
technologies are benefited from the laws that have been put on the
books today.
{time} 1530
For the 21st century, this law may be the most important law. Because
people now have wheelchair access, access to the Web. Access to
information is what this century, this information century, is going to
be all about. And the deaf and the blind, because of this legislation,
will be able to make their contributions to our country and the world.
And let's not kid ourselves. The technologies that are developed here
in the United States are going to spread across the whole world for
every deaf and blind person. And that's quite a gift that the people
who are here in the Congress can make.
So I thank the community. I thank you all. I know that so many of you
are here and so many of you are watching and listening. I can only
pledge to you that we will continue to ensure that access is something
that we guarantee
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as a right to be an American in every year that we will serve here in
Congress.
Mr. Speaker, it's my honor to have been here on the floor with you
presiding over this historic 21st century legislation. You are the
right person to be here to create a ramp for the Internet, for the 21st
century, for all Americans. I urge an ``aye'' vote on this legislation.
Mr. BOUCHER. Madam Speaker, today the House takes up a very important
measure introduced by our colleague Mr. Markey that seeks to update the
laws governing access to communications services by individuals with
disabilities. Floor consideration of this measure marks the end of two
years of effort by the gentleman from Massachusetts, and I commend him
for his dedication to this critical issue.
I would also like to recognize the gentleman from Rhode Island, Mr.
Langevin, who is presiding over the House of Representatives for the
first time today. Mr. Langevin co-chairs the Bipartisan Disabilities
Caucus and has been a champion of efforts to make the Capitol complex,
including the Speaker's rostrum, accessible. It is therefore fitting
that he is in the Chair as we consider this bipartisan, historic
measure to make much needed updates to our communications laws.
Today marks the 20th anniversary of the Americans with Disabilities
Act. It is a significant milestone, and we have come a long way in the
two decades since 1990.
We have also seen significant technological change since Congress
enacted the ADA, including the emergence of the Internet as a core
communications infrastructure; the daily use by many Americans of
email, text messaging and video conferencing both at home and at work;
and increasing use of the Internet to view video programming.
It is therefore timely to update our communications laws to ensure
that new technologies are accessible to individuals with visual or
hearing impairments.
As we learned at a legislative hearing before the Subcommittee on
Communications, Technology, and the Internet on this measure last this
month, there are close to one million Americans who have severe or
profound hearing loss and more than one million who are legally blind.
Four percent of our population has great difficulty hearing, and an
additional three percent are visually impaired.
Moreover, as much as some of us might not want to admit it, Americans
are aging. There are approximately 40 million people over the age of 65
living in the United States today, or 13 percent of the population. One
estimate shows that by 2050, that number will more than double to 88.5
million, or an estimated one-fifth of the population. Naturally, this
growth will be accompanied by an increase in the number of Americans
who are vision or hearing-impaired and who will need accessible
communications products and services.
With the explosion in Internet-delivered services, both the variety
of information and entertainment offerings and the complexity and
variety of the devices that receive those services have multiplied. Our
challenge is to assure that all Americans can benefit from those
advances, including individuals with vision or hearing impairments.
The measure we take up today:
Requires that advanced communications services, including voice over
Internet protocol, electronic messaging and video conferencing
services, are accessible to the disabled if doing so is achievable.
Sets forth a list of factors the Federal Communications Commission
shall consider to determine if making a product or service accessible
is achievable, including whether the manufacturer or service provider
makes available a range of accessible products with varying
functionality and offered at different price points. A manufacturer or
service provider may make a product accessible either by embedding
accessibility in the device or relying on third-party applications that
are available to consumers at nominal cost. To avoid stifling
innovation, H.R. 3101 also allows the Commission to waive the
accessibility requirements for small entities.
Requires the closed captioning of video programming on the Internet
that has been displayed on television.
Reinstates Commission regulations regarding the provision of video
described video programming that were previously invalidated by the
D.C. Circuit Court of Appeals on jurisdictional grounds and allows for
future expansion of the video description requirements.
Requires that emergency information, such as screen crawls, be made
accessible to persons with disabilities.
Ensures that Internet browsers on smart phones enable the disabled to
navigate the Internet, if doing so is achievable.
Ensures that the Commission does not, in implementing the
requirements of the Act, mandate the use of any technology that might
result in one entity unfairly profiting from such a mandate or
requirement.
These and other provisions in this measure will help ensure that
persons with disabilities are not left behind as communications
technology continues to advance.
I appreciate all of the stakeholders who have been working diligently
with myself, Chairman Waxman, Mr. Markey, Ranking Members Barton and
Stearns and our staffs on a bipartisan basis to reach consensus on this
measure. I look forward to our continued work together to promote
accessibility and innovation, as well as to House passage of this
historic legislation.
Mr. MARKEY of Massachusetts. I yield back the balance of my time.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair will remind all persons in the
gallery that they are here as guests of the House and that any
manifestation of approval or disapproval of proceedings is in violation
of the rules of the House.
The question is on the motion offered by the gentleman from
Massachusetts (Mr. Markey) that the House suspend the rules and pass
the bill, H.R. 3101, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MARKEY of Massachusetts. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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