[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Pages S6983-S6989]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EQUAL ACCESS TO 21ST CENTURY COMMUNICATIONS ACT
Mr. REID. I now ask unanimous consent that we move to Calendar No.
509.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3304) to increase the access of persons with
disabilities to modern communications, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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.
TITLE I--COMMUNICATIONS ACCESS
Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to advanced communications services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency Access Advisory Committee.
TITLE II--VIDEO PROGRAMMING
Sec. 201. Video Programming and Emergency Access Advisory Committee.
Sec. 202. Video description and closed captioning.
Sec. 203. Closed captioning decoder and video description capability.
Sec. 204. User interfaces on digital apparatus.
Sec. 205. Access to video programming guides and menus provided on
navigation devices.
Sec. 206. Definitions.
SEC. 2. LIMITATION ON LIABILITY.
(a) In General.--Except as provided in subsection (b), no
person shall be liable for a violation of the requirements of
this Act (or of the provisions of the Communications Act of
1934 that are amended or added by this Act) with respect to
video programming, online content, applications, services,
advanced communications services, or equipment used to
provide or access advanced communications services to the
extent such person--
(1) transmits, routes, or stores in intermediate or
transient storage the communications made available through
the provision of advanced communications services by a third
party; or
(2) provides an information location tool, such as a
directory, index, reference, pointer, menu, guide, user
interface, or hypertext link, through which an end user
obtains access to such video programming, online content,
applications, services, advanced communications services, or
equipment used to provide or access advanced communications
services.
(b) Exception.--The limitation on liability under
subsection (a) shall not apply to any person who relies on
third party applications, services, software, hardware, or
equipment to comply with the requirements of this Act (or of
the provisions of the Communications Act of 1934 that are
amended or added by this Act) with respect to video
programming, online content, applications, services, advanced
communications services, or equipment used to provide or
access advanced communications services.
TITLE I--COMMUNICATIONS ACCESS
SEC. 101. DEFINITIONS.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153)
is amended--
(1) by adding at the end the following new paragraphs:
``(53) Advanced communications services.--The term
`advanced communications services' means--
``(A) interconnected VoIP service;
``(B) non-interconnected VoIP service;
``(C) electronic messaging service; and
``(D) interoperable video conferencing service.
``(54) Consumer generated media.--The term `consumer
generated media' means content created and made available by
consumers to online sites and venues on the Internet,
including video, audio, and multimedia content.
``(55) Disability.--The term `disability' has the meaning
given such term under section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(56) Electronic messaging service.--The term `electronic
messaging service' means a service that provides real-time or
near real-time non-voice messages in text form between
persons over communications networks.
``(57) Interconnected voip service.--The term
`interconnected VoIP service' has the meaning given such term
under section 9.3 of title 47, Code of Federal Regulations,
as such section may be amended from time to time.
``(58) Non-interconnected voip service.--The term `non-
interconnected VoIP service'--
``(A) means a service that--
``(i) enables real-time voice communications that originate
from or terminate to the user's location using Internet
protocol or any successor protocol; and
``(ii) requires Internet protocol compatible customer
premises equipment; and
``(B) does not include any service that is an
interconnected VoIP service.
``(59) Interoperable video conferencing service.--The term
`interoperable video conferencing service' means a service
that provides real-time video communications, including
audio, to enable users to share information of the user's
choosing.''; and
(2) by reordering paragraphs (1) through (52) and the
paragraphs added by paragraph (1) of this section in
alphabetical order based on the headings of such paragraphs
and renumbering such paragraphs as so reordered.
SEC. 102. HEARING AID COMPATIBILITY.
(a) Compatibility Requirements.--
(1) Telephone service for the disabled.--Section 710(b)(1)
of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is
amended to read as follows:
``(b)(1) Except as provided in paragraphs (2) and (3) and
subsection (c), the Commission shall require that customer
premises equipment described in this paragraph provide
internal means for effective use with hearing aids that are
designed to be compatible with telephones which meet
established technical standards for hearing aid
compatibility. Customer premises equipment described in this
paragraph are the following:
``(A) All essential telephones.
``(B) All telephones manufactured in the United States
(other than for export) more than one year after the date of
enactment of the Hearing Aid Compatibility Act of 1988 or
imported for use in the United States more than one year
after such date.
``(C) All customer premises equipment used with advanced
communications services that is designed to provide 2-way
voice communication via a built-in speaker intended to be
held to the ear in a manner functionally equivalent to a
telephone, subject to the regulations prescribed by the
Commission under subsection (e).''.
(2) Additional amendments.--Section 710(b) of the
Communications Act of 1934 (47 U.S.C. 610(b)) is further
amended--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking ``initial'';
(bb) by striking ``of this subsection after the date of
enactment of the Hearing Aid Compatibility Act of 1988''; and
(cc) by striking ``paragraph (1)(B) of this subsection''
and inserting ``subparagraphs (B) and (C) of paragraph (1)'';
(II) by inserting ``and'' at the end of clause (ii);
(III) by striking clause (iii); and
(IV) by redesignating clause (iv) as clause (iii);
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
[[Page S6984]]
(iii) in subparagraph (B) (as so redesignated)--
(I) by striking the first sentence and inserting ``The
Commission shall periodically assess the appropriateness of
continuing in effect the exemptions for telephones and other
customer premises equipment described in subparagraph (A) of
this paragraph.''; and
(II) in each of clauses (iii) and (iv), by striking
``paragraph (1)(B)'' and inserting ``subparagraph (B) or (C)
of paragraph (1)'';
(B) in paragraph (4)(B)--
(i) by striking ``public mobile'' and inserting
``telephones used with public mobile'';
(ii) by inserting ``telephones and other customer premises
equipment used in whole or in part with'' after ``means'';
(iii) by striking ``and'' after ``public land mobile
telephone service,'' and inserting ``or'';
(iv) by striking ``part 22 of''; and
(v) by inserting after ``Regulations'' the following: ``,
or any functionally equivalent unlicensed wireless
services''; and
(C) in paragraph (4)(C)--
(i) by striking ``term `private radio services' '' and
inserting ``term `telephones used with private radio
services' ''; and
(ii) by inserting ``telephones and other customer premises
equipment used in whole or in part with'' after ``means''.
(b) Technical Standards.--Section 710(c) of the
Communications Act of 1934 (47 U.S.C. 610(c)) is amended by
adding at the end the following: ``A telephone or other
customer premises equipment that is compliant with relevant
technical standards developed through a public participation
process and in consultation with interested consumer
stakeholders (designated by the Commission for the purposes
of this section) will be considered hearing aid compatible
for purposes of this section, until such time as the
Commission may determine otherwise. The Commission shall
consult with the public, including people with hearing loss,
in establishing or approving such technical standards. The
Commission may delegate this authority to an employee
pursuant to section 5(c). The Commission shall remain the
final arbiter as to whether the standards meet the
requirements of this section.''.
(c) Rulemaking.--Section 710(e) of the Communications Act
of 1934 (47 U.S.C. 610(e)) is amended--
(1) by striking ``impairments'' and inserting ``loss''; and
(2) by adding at the end the following sentence: ``In
implementing the provisions of subsection (b)(1)(C), the
Commission shall use appropriate timetables or benchmarks to
the extent necessary (1) due to technical feasibility, or (2)
to ensure the marketability or availability of new
technologies to users.''.
(d) Rule of Construction.--Section 710(h) of the
Communications Act of 1934 (47 U.S.C. 610(h)) is amended to
read as follows:
``(h) Rule of Construction.--Nothing in the Twenty-First
Century Communications and Video Accessibility Act of 2010
shall be construed to modify the Commission's regulations set
forth in section 20.19 of title 47 of the Code of Federal
Regulations, as in effect on the date of enactment of such
Act.''.
SEC. 103. RELAY SERVICES.
(a) Definition.--Paragraph (3) of section 225(a) of the
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended
to read as follows:
``(3) Telecommunications relay services.--The term
`telecommunications relay services' means telephone
transmission services that provide the ability for an
individual who is deaf, hard of hearing, deaf-blind, or who
has a speech disability to engage in communication by wire or
radio with one or more individuals, in a manner that is
functionally equivalent to the ability of a hearing
individual who does not have a speech disability to
communicate using voice communication services by wire or
radio.''.
(b) Internet Protocol-based Relay Services.--Title VII of
such Act (47 U.S.C. 601 et seq.) is amended by adding at the
end the following new section:
``SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.
``Within one year after the date of enactment of the
Twenty-First Century Communications and Video Accessibility
Act of 2010, each interconnected VoIP service provider and
each provider of non-interconnected VoIP service shall
participate in and contribute to the Telecommunications Relay
Services Fund established in section 64.604(c)(5)(iii) of
title 47, Code of Federal Regulations, as in effect on the
date of enactment of such Act, in a manner prescribed by the
Commission by regulation to provide for obligations of such
providers that are consistent with and comparable to the
obligations of other contributors to such Fund.''.
SEC. 104. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND
EQUIPMENT.
(a) Title VII Amendment.--Title VII of the Communications
Act of 1934 (47 U.S.C. 601 et seq.), as amended by section
103, is further amended by adding at the end the following
new sections:
``SEC. 716. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND
EQUIPMENT.
``(a) Manufacturing.--With respect to equipment
manufactured after the effective date of the regulations
established pursuant to subsection (e), and subject to those
regulations, a manufacturer of equipment used for advanced
communications services, including end user equipment,
network equipment, and software, shall ensure that the
equipment and software that such manufacturer designs,
develops, and fabricates shall be accessible to and usable by
individuals with disabilities, unless the requirement of this
subsection is not achievable.
``(b) Service Providers.--With respect to services provided
after the effective date of the regulations established
pursuant to subsection (e), and subject to those regulations,
a provider of advanced communications services shall ensure
that such services offered by such provider are accessible to
and usable by individuals with disabilities, unless the
requirement of this subsection is not achievable.
``(c) Compatibility.--Whenever the requirements of
subsections (a) or (b) are not achievable, a manufacturer or
provider shall ensure that its equipment or service is
compatible with existing peripheral devices or specialized
customer premises equipment commonly used by individuals with
disabilities to achieve access, unless the requirement of
this subsection is not achievable.
``(d) Network Features, Functions, and Capabilities.--Each
provider of advanced communications services has the duty not
to install network features, functions, or capabilities that
do not impede accessibility or usability.
``(e) Regulations.--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--
``(1) include performance requirements to ensure the
accessibility, usability, and compatibility of advanced
communications services and the equipment used for advanced
communications services by individuals with disabilities;
``(2) 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;
``(3) determine the obligations under this section of
manufacturers, service providers, and providers of
applications or services accessed over service provider
networks;
``(4) not mandate technical standards, except that the
Commission may adopt technical standards as a safe harbor for
such compliance if necessary to facilities the manufacturers'
and service providers' compliance with sections (a) through
(c); and
``(5) not mandate the use or incorporation of specific
proprietary technology.
``(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,
the term `achievable' means with reasonable effort or
expense, as determined by the Commission. In determining
whether the requirements of a provision are achievable, the
Commission shall consider the following factors:
``(1) The nature and cost of the steps needed to meet the
requirements of this section with respect to the specific
equipment or service in question.
``(2) The technical and economic impact on the operation of
the manufacturer or provider and on the operation of the
specific equipment or service in question, including on the
development and deployment of new communications
technologies.
``(3) The type of operations of the manufacturer or
provider.
``(4) The extent to which the service provider or
manufacturer in question offers accessible services or
equipment containing varying degrees of functionality and
features, and offered at differing price points.
``(h) Commission Flexibility.--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--
``(1) is capable of accessing an advanced communications
service; and
``(2) is designed for multiple purposes, but is designed
primarily for purposes other than using advanced
communications services.
``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 or 716, 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 or 716.
``(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 or 716.
``(3) Complaints to the commission.--
``(A) In general.--Any person alleging a violation of
section 255 or 716 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
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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
remedial 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) Beginning one year after the
effective date of regulations promulgated pursuant to section
716(e), each manufacturer and provider subject to sections
255 and 716 shall maintain, in the ordinary course of
business and for a reasonable period, records of the efforts
taken by such manufacturer or provider to implement sections
255 and 716, including the following:
``(i) Information about the manufacturer's or provider's
efforts to consult with individuals with disabilities.
``(ii) Descriptions of the accessibility features of its
products and services.
``(iii) Information about the compatibility of such
products and services with peripheral devices or specialized
customer premise equipment commonly used by individuals with
disabilities to achieve access.
``(B) An officer of a manufacturer or provider shall submit
to the Commission an annual certification that records are
being kept in accordance with subparagraph (A).
``(C) After the filing of a formal or informal complaint
against a manufacturer or provider in the manner prescribed
in paragraph (3), the Commission may request, and shall keep
confidential, a copy of the records maintained by such
manufacturer or provider pursuant to subparagraph (A) of this
paragraph that are directly relevant to the equipment or
service that is the subject of such complaint.
``(6) Failure to act.--If the Commission fails to carry out
any of its responsibilities to act upon a complaint in the
manner prescribed in paragraph (3), the person that filed
such complaint may bring an action in the nature of mandamus
in the United States Court of Appeals for the District of
Columbia to compel the Commission to carry out any such
responsibility.
``(7) Commission jurisdiction.--The limitations of section
255(f) shall apply to any claim that alleges a violation of
section 255 or 716. Nothing in this paragraph affects or
limits any action for mandamus under paragraph (6) or any
appeal pursuant to section 402(b)(10).
``(8) Private resolutions of complaints.--Nothing in the
Commission's rules or this Act shall be construed to preclude
a person who files a complaint and a manufacturer or provider
from resolving a formal or informal complaint prior to the
Commission's final determination in a complaint proceeding.
In the event of such a resolution, the parties shall jointly
request dismissal of the complaint and the Commission shall
grant such request.
``(b) Reports to Congress.--
``(1) In general.--Every two years after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that includes the
following:
``(A) An assessment of the level of compliance with section
255 and 716.
``(B) An evaluation of the extent to which any
accessibility barriers still exist with respect to new
communications technologies.
``(C) The number and nature of complaints received pursuant
to subsection (a) during the two years that are the subject
of the report.
``(D) A description of the actions taken to resolve such
complaints under this section, including forfeiture penalties
assessed.
``(E) The length of time that was taken by the Commission
to resolve each such complaint.
``(F) The number, status, nature, and outcome of any
actions for mandamus filed pursuant to subsection (a)(6) and
the number, status, nature, and outcome of any appeals filed
pursuant to section 402(b)(10).
``(G) An assessment of the effect of the requirements of
this section on the development and deployment of new
communications technologies.
``(2) Public comment required.--The Commission shall seek
public comment on its tentative findings prior to submission
to the Committees of the report under this subsection.
``(c) Comptroller General Enforcement Study.--
``(1) In general.--The Comptroller General shall conduct a
study to consider and evaluate the following:
``(A) The Commission's compliance with the requirements of
this section, including the Commission's level of compliance
with the deadlines established under and pursuant to this
section and deadlines for acting on complaints pursuant to
subsection (a).
``(B) Whether the enforcement actions taken by the
Commission pursuant to this section have been appropriate and
effective in ensuring compliance with this section.
``(C) Whether the enforcement provisions under this section
are adequate to ensure compliance with this section.
``(D) Whether, and to what extent (if any), the
requirements of this section have an effect on the
development and deployment of new communications
technologies.
``(2) Report.--Not later than 5 years after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Comptroller General
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
results of the study required by paragraph (1), with
recommendations for how the enforcement process and measures
under this section may be modified or improved.
``(d) Clearinghouse.--Within one year after the date of
enactment of the Twenty-First Century Communications and
Video Accessibility Act of 2010, the Commission shall, in
consultation with the Architectural and Transportation
Barriers Compliance Board, the National Telecommunications
and Information Administration, trade associations, and
organizations representing individuals with disabilities,
establish a clearinghouse of information on the availability
of accessible products and services and accessibility
solutions required under sections 255 and 716. Such
information shall be made publicly available on the
Commission's website and by other means, and shall include an
annually updated list of products and services with access
features.
``(e) Outreach and Education.--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
and 716.''.
(b) 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 or 716, 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.''.
(c) Review of Commission Determinations.--Section 402(b) of
such Act (47 U.S.C. 402(b)) is amended by adding the
following new paragraph:
``(10) By any person who is aggrieved or whose interests
are adversely affected by a determination made by the
Commission under section 717(a)(3).''.
SEC. 105. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.
Title VII of the Communications Act of 1934, as amended by
section 104, is further amended by adding at the end the
following:
``SEC. 718. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.
``(a) In general.--Within 6 months after the date of
enactment of the Equal Access to 21st Century Communications
Act, the Commission shall establish rules that define as
eligible for relay service support those programs that are
approved by the Commission for the distribution of
specialized customer premises equipment designed to make
telecommunications service, Internet access service, and
advanced communications, including interexchange services and
advanced telecommunications and information services,
accessible by individuals who are deaf-blind.
``(b) Individuals Who Are Deaf-blind Defined.--For purposes
of this subsection, the term `individuals who are deaf-blind'
has the same meaning given such term in the Helen Keller
National Center Act, as amended by the Rehabilitation Act
Amendments of 1992 (29 U.S.C. 1905(2)).
``(c) Annual amount.--The total amount of support the
Commission may provide from its interstate relay fund for any
fiscal year may not exceed $10,000,000.''.
SEC. 106. EMERGENCY ACCESS ADVISORY COMMITTEE.
(a) Establishment.--For the purpose of achieving equal
access to emergency services by individuals with
disabilities, as a part of the migration to a national
Internet protocol-enabled emergency network, not later than
60 days after the date of enactment of this Act, the Chairman
of the Commission shall establish an advisory committee, to
be known as the Emergency AccessAdvisory 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
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to serve on the Advisory Committee in the fulfillment of its
duties, including representatives of--
(A) providers of interconnected and non-interconnected VoIP
services;
(B) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
interconnected and non-interconnected VoIP services;
(C) national organizations representing individuals with
disabilities and senior citizens;
(D) Federal agencies or departments responsible for the
implementation of the Next Generation E 9-1-1 system;
(E) the National Institute of Standards and Technology; and
(F) other individuals with such technical knowledge and
expertise.
(3) Representatives of other stakeholders and interested
parties.--Representatives of such other stakeholders and
interested and affected parties as the Chairman of the
Commission determines appropriate.
(c) Development of Recommendations.--Within 1 year after
the completion of the member appointment process by the
Chairman of the Commission pursuant to subsection (b), the
Advisory Committee shall conduct a national survey of
individuals with disabilities, seeking input from the groups
described in subsection (b)(2), to determine the most
effective and efficient technologies and methods by which to
enable access to emergency services by individuals with
disabilities and shall develop and submit to the Commission
recommendations to implement such technologies and methods,
including recommendations--
(1) with respect to what actions are necessary as a part of
the migration to a national Internet protocol-enabled network
to achieve reliable, interoperable communication transmitted
over such network that will ensure access to emergency
services by individuals with disabilities;
(2) for protocols, technical capabilities, and technical
requirements to ensure the reliability and interoperability
necessary to ensure access to emergency services by
individuals with disabilities;
(3) for the establishment of technical standards for use by
public safety answering points, designated default answering
points, and local emergency authorities;
(4) for relevant technical standards and requirements for
communication devices and equipment and technologies to
enable the use of reliable emergency access;
(5) for procedures to be followed by IP-enabled network
providers to ensure that such providers do not install
features, functions, or capabilities that would conflict with
technical standards;
(6) for deadlines by which providers of interconnected and
non-interconnected VoIP services and manufacturers of
equipment used for such services shall achieve the actions
required in paragraphs (1) through (5), where achievable, and
for the possible phase out of the use of current-generation
TTY technology to the extent that this technology is replaced
with more effective and efficient technologies and methods to
enable access to emergency services by individuals with
disabilities;
(7) for the establishment of rules to update the
Commission's rules with respect to 9-1-1 services and E-911
services (as defined in section 158(e)(4) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 942(e)(4))), for users of
telecommunications relay services as new technologies and
methods for providing such relay services are adopted by
providers of such relay services; and
(8) that take into account what is technically and
economically feasible.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 45 days after the
completion of the member appointment process by the Chairman
of the Commission pursuant to subsection (b).
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the chairs, but
no less than monthly until the recommendations required
pursuant to subsection (c) are completed and submitted.
(3) Notice; open meetings.--Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days in
advance and shall be open to the public.
(e) Rules.--
(1) Quorum.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business
of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the chair may establish
appropriate subcommittees composed of members of the Advisory
Committee and other subject matter experts as determined to
be necessary.
(3) Additional rules.--The Advisory Committee may adopt
other rules as needed.
(f) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.
(g) Implementing Recommendations.--The Commission shall
have the authority to promulgate regulations to implement the
recommendations proposed by the Advisory Committee, as well
as any other regulations, technical standards, protocols, and
procedures as are necessary to achieve reliable,
interoperable communication that ensures access by
individuals with disabilities to an Internet protocol-enabled
emergency network, where achievable and technically feasible.
(h) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``Chairman'' means the Chairman of the Federal
Communications Commission; and
(3) except as otherwise expressly provided, other terms
have the meanings given such terms in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
TITLE II--VIDEO PROGRAMMING
SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Chairman shall establish an
advisory committee to be known as the Video Programming and
Emergency Access Advisory Committee.
(b) Membership.--As soon as practicable after the date of
enactment of this Act, the Chairman shall appoint individuals
who have the technical knowledge and engineering expertise to
serve on the Advisory Committee in the fulfillment of its
duties, including the following:
(1) Representatives of distributors and providers of video
programming or a national organization representing such
distributors.
(2) Representatives of vendors, developers, and
manufacturers of systems, facilities, equipment, and
capabilities for the provision of video programming delivered
using Internet protocol or a national organization
representing such vendors, developers, or manufacturers.
(3) Representatives of manufacturers of consumer
electronics or information technology equipment or a national
organization representing such manufacturers.
(4) Representatives of video programming producers or a
national organization representing such producers.
(5) Representatives of national organizations representing
accessibility advocates, including individuals with
disabilities and the elderly.
(6) Representatives of the broadcast television industry or
a national organization representing such industry.
(7) Other individuals with technical and engineering
expertise, as the Chairman determines appropriate.
(c) Commission Oversight.--The Chairman shall appoint a
member of the Commission's staff to moderate and direct the
work of the Advisory Committee.
(d) Technical Staff.--The Commission shall appoint a member
of the Commission's technical staff to provide technical
assistance to the Advisory Committee.
(e) Development of Recommendations.--
(1) Closed captioning report.--Within 6 months after the
date of the first meeting of the Advisory Committee, the
Advisory Committee shall develop and submit to the Commission
a report that includes the following:
(A) A recommended schedule of deadlines for the provision
of closed captioning service.
(B) An identification of the performance requirement for
protocols, technical capabilities, and technical procedures
needed to permit content providers, content distributors,
Internet service providers, software developers, and device
manufacturers to reliably encode, transport, receive, and
render closed captions of video programming, except for
consumer generated media, delivered using Internet protocol.
(C) An identification of additional protocols, technical
capabilities, and technical procedures beyond those available
as of the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010 for the
delivery of closed captions of video programming, except for
consumer generated media, delivered using Internet protocol
that are necessary to meet the performance requirements
identified under subparagraph (B).
(D) A recommendation for technical standards to address the
performance requirements identified in subparagraph (B).
(E) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming,
except for consumer generated media, delivered using Internet
protocol and devices capable of receiving and displaying such
programming in order to facilitate access to closed captions.
(2) Video description, emergency information, user
interfaces, and video programming guides and menus.--Within
18 months after the date of enactment of this Act, the
Advisory Committee shall develop and submit to the Commission
a report that includes the following:
(A) A recommended schedule of deadlines for the provision
of video description and emergency information.
(B) An identification of the performance requirement for
protocols, technical capabilities, and technical procedures
needed to permit content providers, content distributors,
Internet service providers, software developers, and device
manufacturers to reliably encode, transport, receive, and
render video descriptions of video programming, except for
consumer generated media, and emergency information delivered
using Internet protocol or digital broadcast television.
(C) An identification of additional protocols, technical
capabilities, and technical procedures beyond those available
as of the date of enactment of the Twenty-First Century
Communications and Video Accessibility Act of 2010 for the
delivery of video descriptions of video programming, except
for consumer generated media, and emergency information
delivered using Internet protocol that are necessary to meet
the performance requirements identified under subparagraph
(B).
(D) A recommendation for technical standards to address the
performance requirements identified in subparagraph (B).
(E) A recommendation for any regulations that may be
necessary to ensure compatibility between video programming,
except for consumer generated media, delivered using Internet
protocol and devices capable of receiving and displaying such
programming, except for consumer generated media, in order to
facilitate access to video descriptions and emergency
information.
(F) With respect to user interfaces, a recommendation for
the standards, protocols, and
[[Page S6987]]
procedures used to enable the functions of apparatus designed
to receive or display video programming transmitted
simultaneously with sound (including apparatus designed to
receive or display video programming transmitted by means of
services using Internet protocol) to be accessible to and
usable by individuals with disabilities.
(G) With respect to user interfaces, a recommendation for
the standards, protocols, and procedures used to enable on-
screen text menus and other visual indicators used to access
the functions on an apparatus described in subparagraph (F)
to be accompanied by audio output so that such menus or
indicators are accessible to and usable by individuals with
disabilities.
(H) With respect to video programming guides and menus, a
recommendation for the standards, protocols, and procedures
used to enable video programming information and selection
provided by means of a navigation device, guide, or menu to
be accessible in real-time by individuals who are blind or
visually impaired.
(3) Consideration of work by standard-setting
organizations.--The recommendations of the advisory committee
shall, insofar as possible, incorporate the standards,
protocols, and procedures that have been adopted by
recognized industry standard-setting organizations for each
of the purposes described in paragraphs (1) and (2).
(f) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee shall take place not later than 180 days after the
date of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the Chairman.
(3) Notice; open meetings.--Any meeting held by the
Advisory Committee shall be noticed at least 14 days before
such meeting and shall be open to the public.
(g) Procedural Rules.--
(1) Quorum.--The presence of one-third of the members of
the Advisory Committee shall constitute a quorum for
conducting the business of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the Chairman may establish
appropriate subcommittees composed of members of the Advisory
Committee and other subject matter experts.
(3) Additional procedural rules.--The Advisory Committee
may adopt other procedural rules as needed.
(h) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.
(i) Adoption of Standards, Protocols, Procedures, and Other
Technical Requirements.--
(1) Closed captioning.--Not later than 6 months after the
date on which the Advisory Committee transmits its report
under subsection (e)(1) to the Commission, the Commission
shall take all actions necessary to adopt relevant technical
standards, protocols, procedures, and other technical
requirements 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 and emergency information.--Not later
than 18 months after the date on which the Advisory Committee
transmits its report under subsection (e)(2) to the
Commission, the Commission shall take all actions necessary
to adopt relevant technical standards, protocols, procedures,
and other technical requirements to ensure compatibility
between video programming, except for consumer generated
media, delivered using Internet protocol or digital broadcast
television and devices capable of receiving and displaying
such programming in order to facilitate access to video
descriptions and emergency information.
(j) Commission Authority.--
(1) In general.--The Commission shall adopt the
recommendations contained in the reports required under
paragraphs (1) and (2) of subsection (e) if the Commissions
finds that the recommendations are sufficient to meet the
objectives of this Act.
(2) Alternative adoption of requirements.--If the
Commission finds that the recommendations are, in whole or in
part, insufficient to meet the objectives of this Act, the
Commission shall adopt the standards, protocols, procedures,
or other technical requirements that it determines are
necessary to meet the objectives of this Act.
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 (h), that 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, and the beginning calendar quarter for
which compliance shall be calculated.
``(C) The regulations may permit a provider of video
programming or a program owner to petition the Commission for
an exemption from the requirements of this section upon a
showing that the requirements contained in this section be
economically burdensome.
``(D) The Commission may exempt from the regulations
established pursuant to paragraph (1) a service, class of
services, program, class of programs, equipment, or class of
equipment for which the Commission has determined that the
application of such regulations would be economically
burdensome for the provider of such service, program, or
equipment.
``(E) The regulations shall not apply to live or near-live
programming.
``(F) The regulations shall provide for an appropriate
phased schedule of deadlines for compliance.
``(G) The Commission shall consider extending the
exemptions and limitations in the reinstated regulations for
technical capability reasons to all providers and owners of
video programming.
``(3) Inquiries on further video description
requirements.--The Commission shall commence the following
inquiries not later than 1 year after the completion of the
phase-in of the reinstated regulations and shall report to
Congress 1 year thereafter on the findings for each of the
following:
``(A) Video description in television programming.--The
availability, use, and benefits of video description on video
programming distributed on television, the technical and
creative issues associated with providing such video
description, and the financial costs of providing such video
description for providers of video programming and program
owners.
``(B) Video description in video programming distributed on
the internet.--The technical and operational issues, costs,
and benefits of providing video descriptions for video
programming that is delivered using Internet protocol.
``(g) Emergency Information.--Not later than 1 year after
the Advisory Committee report under subsection (e)(2) is
submitted to the Commission, the Commission shall complete a
proceeding to--
``(1) identify methods to convey emergency information (as
that term is defined in section 79.2 of title 47, Code of
Federal Regulations) in a manner accessible to individuals
who are blind or visually impaired; and
``(2) promulgate regulations that require video programming
providers and video programming distributors (as those terms
are defined in section 79.1 of title 47, Code of Federal
Regulations) and program owners to convey such emergency
information in a manner accessible to individuals who are
blind or visually impaired.
``(h) 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 entity 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'
means programming by, or generally considered comparable to
programming provided by a television broadcast station, but
not including consumer-generated media (as defined in section
3).''.
(b) Closed Captioning on Video Programming Delivered Using
Internet Protocol.--Section 713 of such Act is further
amended by striking subsection (c) and inserting the
following:
``(c) Deadlines for Captioning.--
``(1) In general.--The regulations prescribed pursuant to
subsection (b) shall include an appropriate schedule of
deadlines for the provision of closed captioning of video
programming once published or exhibited on television.
``(2) Deadlines for programming delivered using internet
protocol.--
``(A) Regulations on closed captioning on video programming
delivered using internet protocol.--Not later than 6 months
after the submission of the report to the Commission required
by subsection (e)(1) of the Twenty-First Century
Communications and Video Accessibility Act of 2010, the
Commission shall revise its regulations to require the
provision of closed captioning on video programming delivered
using Internet protocol that was published or exhibited on
television with captions after the effective date of such
regulations.
``(B) Schedule.--The regulations prescribed under this
paragraph shall include an appropriate schedule of deadlines
for the provision of closed captioning, taking into account
whether such programming is prerecorded and edited for
Internet distribution, or whether such programming is live or
near-live and not edited for Internet distribution.
``(C) Cost.--The Commission may delay or waive the
regulation promulgated under subparagraph (A) to the extent
the Commission finds that the application of the regulation
to live video programming delivered using Internet protocol
with captions after the effective date of
[[Page S6988]]
such regulations would be economically burdensome to
providers of video programming or program owners.
``(D) Requirements for regulations.--The regulations
prescribed under this paragraph--
``(i) shall contain a definition of `near-live programming'
and `edited for Internet distribution';
``(ii) may exempt any service, class of service, program,
class of program, equipment, or class of equipment for which
the Commission has determined that the application of such
regulations would be economically burdensome for the provider
of such service, program, or equipment; and
``(iii) shall provide that de minimis failure to comply
with such regulations by a video programming provider or
owner shall not be treated as a violation of the
regulations.''.
(c) Conforming Amendment.--Section 713(d) of such Act is
amended by striking paragraph (3) and inserting the
following:
``(3) a provider of video programming or program owner may
petition the Commission for an exemption from the
requirements of this section, and the Commission may grant
such petition upon a showing that the requirements contained
in this section would be economically burdensome. During the
pendency of such a petition, such provider or owner shall be
exempt from the requirements of this section. The Commission
shall act to grant or deny any such petition, in whole or in
part, within 6 months after the Commission receives such
petition, unless the Commission finds that an extension of
the 6-month period is necessary to determine whether such
requirements are economically burdensome.''.
SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION
CAPABILITY.
(a) Authority to Regulate.--Section 303(u) of the
Communications Act of 1934 (47 U.S.C. 303(u)) is amended to
read as follows:
``(u) Require that--
``(1) apparatus designed to receive or play back video
programming transmitted simultaneously with sound, if such
apparatus is manufactured in the United States or imported
for use in the United States and uses a picture screen of any
size--
``(A) be equipped with built-in closed caption decoder
circuitry or capability designed to display closed-captioned
video programming;
``(B) have the capability to decode and make available the
transmission and delivery of video description services as
required by regulations reinstated and modified pursuant to
section 713(f); and
``(C) have the capability to decode and make available
emergency information (as that term is defined in section
79.2 of the Commission's regulations (47 CFR 79.2)) in a
manner that is accessible to individuals who are blind or
visually impaired; and
``(2) notwithstanding paragraph (1) of this subsection--
``(A) apparatus described in such paragraph that use a
picture screen that is less than 13 inches in size meet the
requirements of subparagraph (A), (B), or (C) of such
paragraph only if the requirements of such subparagraphs are
achievable (as defined in section 716);
``(B) any apparatus or class of apparatus that are display-
only video monitors with no playback capability are exempt
from the requirements of such paragraph; and
``(C) the Commission shall have the authority, on its own
motion or in response to a petition by a manufacturer, to
waive the requirements of this subsection for any apparatus
or class of apparatus--
``(i) primarily designed for activities other than
receiving or playing back video programming transmitted
simultaneously with sound; or
``(ii) for equipment designed for multiple purposes,
capable of receiving or playing video programming transmitted
simultaneously with sound but whose essential utility is
derived from other purposes.''.
(b) Other Devices.--Section 303 of the Communications Act
of 1934 (47 U.S.C. 303) is further amended by adding at the
end the following new subsection:
``(z) Require that--
``(1) if achievable (as defined in section 716), apparatus
designed to record video programming transmitted
simultaneously with sound, if such apparatus is manufactured
in the United States or imported for use in the United
States, enable the rendering or the pass through of closed
captions, video description signals, and emergency
information (as that term is defined in section 79.2 of title
47, Code of Federal Regulations) such that viewers are able
to activate and de-activate the closed captions and video
description as the video programming is played back on a
picture screen of any size; and
``(2) interconnection mechanisms and standards for digital
video source devices are available to carry from the source
device to the consumer equipment the information necessary to
permit or render the display of closed captions and to make
encoded video description and emergency information
audible.''.
(c) Shipment in Commerce.--Section 330(b) of the
Communications Act of 1934 (47 U.S.C. 330(b)) is amended--
(1) by striking ``303(u)'' in the first sentence and
inserting ``303(u) and (z)'';
(2) by striking the second sentence and inserting the
following: ``Such rules shall provide performance and display
standards for such built-in decoder circuitry or capability
designed to display closed captioned video programming, the
transmission and delivery of video description services, and
the conveyance of emergency information as required by
section 303 of this Act.''; and
(3) in the fourth sentence, by striking ``closed-captioning
service continues'' and inserting ``closed-captioning service
and video description service continue''.
(d) Implementing Regulations.--The Federal Communications
Commission shall prescribe such regulations as are necessary
to implement the requirements of sections 303(u), 303(z), and
330(b) of the Communications Act of 1934, as amended by this
section, including any technical standards, protocols, and
procedures needed for the transmission of--
(1) closed captioning within 6 months after the submission
to the Commission of the Advisory Committee report required
by section 201(e)(1); and
(2) video description and emergency information within 18
months after the submission to the Commission of the Advisory
Committee report required by section 201(e)(2).
SEC. 204. USER INTERFACES ON DIGITAL APPARATUS.
(a) Amendment.--Section 303 of the Communications Act of
1934 (47 U.S.C. 303) is further amended by adding after
subsection (z), as added by section 203 of this Act, the
following new subsection:
``(aa) Require--
``(1) if achievable (as defined in section 716) that
digital apparatus designed to receive or play back video
programming transmitted in digital format simultaneously with
sound, including apparatus designed to receive or display
video programming transmitted in digital format using
Internet protocol, be designed, developed, and fabricated so
that control of appropriate built-in apparatus functions are
accessible to and usable by individuals who are blind or
visually impaired, except that the Commission may not specify
the technical standards, protocols, procedures, and other
technical requirements for meeting this requirement;
``(2) that if on-screen text menus or other visual
indicators built in to the digital apparatus are used to
access the functions of the apparatus described in paragraph
(1), such functions shall be accompanied by audio output that
is either integrated or peripheral to the apparatus, so that
such menus or indicators are accessible to and usable by
individuals who are blind or visually impaired in real-time;
``(3) that for such apparatus equipped with the functions
described in paragraphs (1) and (2) built in access to those
closed captioning and video description features through a
mechanism that is reasonably comparable to a button, key, or
icon designated by activating the closed captioning or
accessibility features; and
``(4) that in applying this subsection the term `apparatus'
does not include a navigation device, as such term is defined
in section 76.1200 of the Commission's rules (47 CFR
76.1200).''.
(b) Implementing Regulations.--Within 18 months after the
submission to the Commission of the Advisory Committee report
required by section 201(e)(2), the Commission shall prescribe
such regulations as are necessary to implement the amendments
made by subsection (a).
(c) Deferral of Compliance with ATSC Mobile DTV Standard A/
153.--A digital apparatus designed and manufactured to
receive or play back the Advanced Television Systems
Committee's Mobile DTV Standards A/153 shall not be required
to meet the requirements of the regulations prescribed under
subsection (b) for a period of not less than 24 months after
the date on which the final regulations are published in the
Federal Register.
SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS
PROVIDED ON NAVIGATION DEVICES.
(a) Amendment.--Section 303 of the Communications Act of
1934 (47 U.S.C. 303) is further amended by adding after
subsection (aa), as added by section 204 of this Act, the
following new subsection:
``(bb) Require--
``(1) if achievable (as defined in section 716), that the
on-screen text menus and guides provided by navigation
devices (as such term is defined in section 76.1200 of title
47, Code of Federal Regulations) for the display or selection
of multichannel video programming are audibly accessible in
real-time upon request by individuals who are blind or
visually impaired, except that the Commission may not specify
the technical standards, protocols, procedures, and other
technical requirements for meeting this requirement; and
``(2) for navigation devices with built-in closed
captioning capability, that access to that capability through
a mechanism is reasonably comparable to a button, key, or
icon designated for activating the closed captioning, or
accessibility features.
With respect to apparatus features and functions delivered in
software, the requirements set forth in this subsection shall
apply to the manufacturer of such software. With respect to
apparatus features and functions delivered in hardware, the
requirements set forth in this subsection shall apply to the
manufacturer of such hardware.''.
(b) Implementing Regulations.--
(1) In general.--Within 18 months after the submission to
the Commission of the Advisory Committee report required by
section 201(e)(2), the Commission shall prescribe such
regulations as are necessary to implement the amendment made
by subsection (a).
(2) Exemption.--Such regulations may provide an exemption
from the regulations for cable systems serving 20,000 or
fewer subscribers.
(3) Responsibility.--An entity shall only be responsible
for compliance with the requirements added by this section
with respect to navigation devices that it provides to a
requesting blind or visually impaired individual.
(3) Separate equipment or software.--
(A) In general.--Such regulations shall permit but not
require the entity providing the navigation device to the
requesting blind or visually impaired individual to comply
with section 303(bb)(1) of the Communications Act of 1934
through that entity's use of software, a peripheral device,
specialized consumer premises equipment, a network-based
service or other solution,
[[Page S6989]]
and shall provide the maximum flexibility to select the
manner of compliance.
(B) Requirements.--If an entity complies with section
303(bb)(1) of the Communications Act of 1934 under
subparagraph (A), the entity providing the navigation device
to the requesting blind or visually impaired individual shall
provide any such software, peripheral device, equipment,
service, or solution at no additional charge and within a
reasonable time to such individual and shall ensure that such
software, device, equipment, service, or solution provides
the access required by such regulations.
(4) 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).
(5) 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).
Mr. REID. I ask unanimous consent that the committee-reported
substitute amendment be considered, that a Pryor amendment which is at
the desk be agreed to, the substitute amendment, as amended, be agreed
to, the bill as amended be read a third time, passed, the motions to
reconsider be laid on the table with no intervening action or debate,
and any statements be printed in the Record as if read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The amendment (No. 4603) was agreed to.
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
The bill (S. 3304), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
The bill will be printed in a future edition of the Record.
____________________