[Congressional Record (Bound Edition), Volume 156 (2010), Part 12]
[House]
[Pages 16925-16934]
[From the U.S. 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 (S. 3304) to increase the access of persons with 
disabilities to modern communications, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3304

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Twenty-
     First Century Communications and Video Accessibility Act of 
     2010''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Limitation on liability.
Sec. 3. Proprietary technology.

                     TITLE I--COMMUNICATIONS ACCESS

Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to advanced communications services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency Access Advisory Committee.

                      TITLE II--VIDEO PROGRAMMING

Sec. 201. Video Programming and Emergency Access Advisory Committee.
Sec. 202. Video description and closed captioning.
Sec. 203. Closed captioning decoder and video description capability.
Sec. 204. User interfaces on digital apparatus.
Sec. 205. Access to video programming guides and menus provided on 
              navigation devices.
Sec. 206. Definitions.

     SEC. 2. LIMITATION ON LIABILITY.

       (a) In General.--Except as provided in subsection (b), no 
     person shall be liable for a violation of the requirements of 
     this Act (or of the provisions of the Communications Act of 
     1934 that are amended or added by this Act) with respect to 
     video programming, online content, applications, services, 
     advanced communications services, or equipment used to 
     provide or access advanced communications services to the 
     extent such person--
       (1) transmits, routes, or stores in intermediate or 
     transient storage the communications made available through 
     the provision of advanced communications services by a third 
     party; or
       (2) provides an information location tool, such as a 
     directory, index, reference, pointer, menu, guide, user 
     interface, or hypertext link, through which an end user 
     obtains access to such video programming, online content, 
     applications, services, advanced communications services, or 
     equipment used to provide or access advanced communications 
     services.
       (b) Exception.--The limitation on liability under 
     subsection (a) shall not apply to any person who relies on 
     third party applications, services, software, hardware, or 
     equipment to comply with the requirements of this Act (or of 
     the provisions of the Communications Act of 1934 that are 
     amended or added by this Act) with respect to video 
     programming, online content, applications, services, advanced 
     communications services, or equipment used to provide or 
     access advanced communications services.

     SEC. 3. PROPRIETARY TECHNOLOGY.

       No action taken by the Federal Communications Commission to 
     implement this Act or any amendment made by this Act shall 
     mandate the use or incorporation of proprietary technology.

                     TITLE I--COMMUNICATIONS ACCESS

     SEC. 101. DEFINITIONS.

       Section 3 of the Communications Act of 1934 (47 U.S.C. 153) 
     is amended--
       (1) by adding at the end the following new paragraphs:
       ``(53) Advanced communications services.--The term 
     `advanced communications services' means--
       ``(A) interconnected VoIP service;
       ``(B) non-interconnected VoIP service;
       ``(C) electronic messaging service; and
       ``(D) interoperable video conferencing service.
       ``(54) Consumer generated media.--The term `consumer 
     generated media' means content created and made available by 
     consumers to online websites and services on the Internet, 
     including video, audio, and multimedia content.
       ``(55) Disability.--The term `disability' has the meaning 
     given such term under section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102).
       ``(56) Electronic messaging service.--The term `electronic 
     messaging service' means a service that provides real-time or 
     near real-time non-voice messages in text form between 
     individuals over communications networks.
       ``(57) Interconnected voip service.--The term 
     `interconnected VoIP service' has the meaning given such term 
     under section 9.3 of title 47, Code of Federal Regulations, 
     as such section may be amended from time to time.
       ``(58) Non-interconnected voip service.--The term `non-
     interconnected VoIP service'--
       ``(A) means a service that--
       ``(i) enables real-time voice communications that originate 
     from or terminate to the user's location using Internet 
     protocol or any successor protocol; and
       ``(ii) requires Internet protocol compatible customer 
     premises equipment; and
       ``(B) does not include any service that is an 
     interconnected VoIP service.
       ``(59) Interoperable video conferencing service.--The term 
     `interoperable video conferencing service' means a service 
     that provides real-time video communications, including 
     audio, to enable users to share information of the user's 
     choosing.''; and
       (2) by reordering paragraphs (1) through (52) and the 
     paragraphs added by paragraph (1) of this section in 
     alphabetical order based on the headings of such paragraphs 
     and renumbering such paragraphs as so reordered.

     SEC. 102. HEARING AID COMPATIBILITY.

       (a) Compatibility Requirements.--
       (1) Telephone service for the disabled.--Section 710(b)(1) 
     of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is 
     amended to read as follows:
       ``(b)(1) Except as provided in paragraphs (2) and (3) and 
     subsection (c), the Commission shall require that customer 
     premises equipment described in this paragraph provide 
     internal means for effective use with hearing aids that are 
     designed to be compatible with telephones which meet 
     established technical standards for hearing aid 
     compatibility. Customer premises equipment described in this 
     paragraph are the following:
       ``(A) All essential telephones.
       ``(B) All telephones manufactured in the United States 
     (other than for export) more than one year after the date of 
     enactment of the Hearing Aid Compatibility Act of 1988 or 
     imported for use in the United States more than one year 
     after such date.
       ``(C) All customer premises equipment used with advanced 
     communications services that is designed to provide 2-way 
     voice communication via a built-in speaker intended to be 
     held to the ear in a manner functionally equivalent to a 
     telephone, subject to the regulations prescribed by the 
     Commission under subsection (e).''.
       (2) Additional amendments.--Section 710(b) of the 
     Communications Act of 1934 (47 U.S.C. 610(b)) is further 
     amended--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i)--

       (aa) by striking ``initial'';

[[Page 16926]]

       (bb) by striking ``of this subsection after the date of 
     enactment of the Hearing Aid Compatibility Act of 1988''; and
       (cc) by striking ``paragraph (1)(B) of this subsection'' 
     and inserting ``subparagraphs (B) and (C) of paragraph (1)'';

       (II) by inserting ``and'' at the end of clause (ii);
       (III) by striking clause (iii); and
       (IV) by redesignating clause (iv) as clause (iii);

       (ii) by striking subparagraph (B) and redesignating 
     subparagraph (C) as subparagraph (B); and
       (iii) in subparagraph (B) (as so redesignated)--

       (I) by striking the first sentence and inserting ``The 
     Commission shall periodically assess the appropriateness of 
     continuing in effect the exemptions for telephones and other 
     customer premises equipment described in subparagraph (A) of 
     this paragraph.''; and
       (II) in each of clauses (iii) and (iv), by striking 
     ``paragraph (1)(B)'' and inserting ``subparagraph (B) or (C) 
     of paragraph (1)'';

       (B) in paragraph (4)(B)--
       (i) by striking ``public mobile'' and inserting 
     ``telephones used with public mobile'';
       (ii) by inserting ``telephones and other customer premises 
     equipment used in whole or in part with'' after ``means'';
       (iii) by striking ``and'' after ``public land mobile 
     telephone service,'' and inserting ``or'';
       (iv) by striking ``part 22 of''; and
       (v) by inserting after ``Regulations'' the following: ``, 
     or any functionally equivalent unlicensed wireless 
     services''; and
       (C) in paragraph (4)(C)--
       (i) by striking ``term `private radio services''' and 
     inserting ``term `telephones used with private radio 
     services'''; and
       (ii) by inserting ``telephones and other customer premises 
     equipment used in whole or in part with'' after ``means''.
       (b) Technical Standards.--Section 710(c) of the 
     Communications Act of 1934 (47 U.S.C. 610(c)) is amended by 
     adding at the end the following: ``A telephone or other 
     customer premises equipment that is compliant with relevant 
     technical standards developed through a public participation 
     process and in consultation with interested consumer 
     stakeholders (designated by the Commission for the purposes 
     of this section) will be considered hearing aid compatible 
     for purposes of this section, until such time as the 
     Commission may determine otherwise. The Commission shall 
     consult with the public, including people with hearing loss, 
     in establishing or approving such technical standards. The 
     Commission may delegate this authority to an employee 
     pursuant to section 5(c). The Commission shall remain the 
     final arbiter as to whether the standards meet the 
     requirements of this section.''.
       (c) Rulemaking.--Section 710(e) of the Communications Act 
     of 1934 (47 U.S.C. 610(e)) is amended--
       (1) by striking ``impairments'' and inserting ``loss''; and
       (2) by adding at the end the following sentence: ``In 
     implementing the provisions of subsection (b)(1)(C), the 
     Commission shall use appropriate timetables or benchmarks to 
     the extent necessary (1) due to technical feasibility, or (2) 
     to ensure the marketability or availability of new 
     technologies to users.''.
       (d) Rule of Construction.--Section 710(h) of the 
     Communications Act of 1934 (47 U.S.C. 610(h)) is amended to 
     read as follows:
       ``(h) Rule of Construction.--Nothing in the Twenty-First 
     Century Communications and Video Accessibility Act of 2010 
     shall be construed to modify the Commission's regulations set 
     forth in section 20.19 of title 47 of the Code of Federal 
     Regulations, as in effect on the date of enactment of such 
     Act.''.

     SEC. 103. RELAY SERVICES.

       (a) Definition.--Paragraph (3) of section 225(a) of the 
     Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended 
     to read as follows:
       ``(3) Telecommunications relay services.--The term 
     `telecommunications relay services' means telephone 
     transmission services that provide the ability for an 
     individual who is deaf, hard of hearing, deaf-blind, or who 
     has a speech disability to engage in communication by wire or 
     radio with one or more individuals, in a manner that is 
     functionally equivalent to the ability of a hearing 
     individual who does not have a speech disability to 
     communicate using voice communication services by wire or 
     radio.''.
       (b) Internet Protocol-based Relay Services.--Title VII of 
     such Act (47 U.S.C. 601 et seq.) is amended by adding at the 
     end the following new section:

     ``SEC. 715. INTERNET PROTOCOL-BASED RELAY SERVICES.

       ``Within one year after the date of enactment of the 
     Twenty-First Century Communications and Video Accessibility 
     Act of 2010, each interconnected VoIP service provider and 
     each provider of non-interconnected VoIP service shall 
     participate in and contribute to the Telecommunications Relay 
     Services Fund established in section 64.604(c)(5)(iii) of 
     title 47, Code of Federal Regulations, as in effect on the 
     date of enactment of such Act, in a manner prescribed by the 
     Commission by regulation to provide for obligations of such 
     providers that are consistent with and comparable to the 
     obligations of other contributors to such Fund.''.

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

       (a) Title VII Amendment.--Title VII of the Communications 
     Act of 1934 (47 U.S.C. 601 et seq.), as amended by section 
     103, is further amended by adding at the end the following 
     new sections:

     ``SEC. 716. ACCESS TO ADVANCED COMMUNICATIONS SERVICES AND 
                   EQUIPMENT.

       ``(a) Manufacturing.--
       ``(1) In general.--With respect to equipment manufactured 
     after the effective date of the regulations established 
     pursuant to subsection (e), and subject to those regulations, 
     a manufacturer of equipment used for advanced communications 
     services, including end user equipment, network equipment, 
     and software, shall ensure that the equipment and software 
     that such manufacturer offers for sale or otherwise 
     distributes in interstate commerce shall be accessible to and 
     usable by individuals with disabilities, unless the 
     requirements of this subsection are not achievable.
       ``(2) Industry flexibility.--A manufacturer of equipment 
     may satisfy the requirements of paragraph (1) with respect to 
     such equipment by--
       ``(A) ensuring that the equipment that such manufacturer 
     offers is accessible to and usable by individuals with 
     disabilities without the use of third party applications, 
     peripheral devices, software, hardware, or customer premises 
     equipment; or
       ``(B) if such manufacturer chooses, using third party 
     applications, peripheral devices, software, hardware, or 
     customer premises equipment that is available to the consumer 
     at nominal cost and that individuals with disabilities can 
     access.
       ``(b) Service Providers.--
       ``(1) In general.--With respect to services provided after 
     the effective date of the regulations established pursuant to 
     subsection (e), and subject to those regulations, a provider 
     of advanced communications services shall ensure that such 
     services offered by such provider in or affecting interstate 
     commerce are accessible to and usable by individuals with 
     disabilities, unless the requirements of this subsection are 
     not achievable.
       ``(2) Industry flexibility.--A provider of services may 
     satisfy the requirements of paragraph (1) with respect to 
     such services by--
       ``(A) ensuring that the services that such provider offers 
     are accessible to and usable by individuals with disabilities 
     without the use of third party applications, peripheral 
     devices, software, hardware, or customer premises equipment; 
     or
       ``(B) if such provider chooses, using third party 
     applications, peripheral devices, software, hardware, or 
     customer premises equipment that is available to the consumer 
     at nominal cost and that individuals with disabilities can 
     access.
       ``(c) Compatibility.--Whenever the requirements of 
     subsections (a) or (b) are not achievable, a manufacturer or 
     provider shall ensure that its equipment or service is 
     compatible with existing peripheral devices or specialized 
     customer premises equipment commonly used by individuals with 
     disabilities to achieve access, unless the requirement of 
     this subsection is not achievable.
       ``(d) Network Features, Functions, and Capabilities.--Each 
     provider of advanced communications services has the duty not 
     to install network features, functions, or capabilities that 
     do not impede accessibility or usability.
       ``(e) Regulations.--
       ``(1) In general.--Within one year after the date of 
     enactment of the Twenty-First Century Communications and 
     Video Accessibility Act of 2010, the Commission shall 
     promulgate such regulations as are necessary to implement 
     this section. In prescribing the regulations, the Commission 
     shall--
       ``(A) include performance objectives to ensure the 
     accessibility, usability, and compatibility of advanced 
     communications services and the equipment used for advanced 
     communications services by individuals with disabilities;
       ``(B) provide that advanced communications services, the 
     equipment used for advanced communications services, and 
     networks used to provide advanced communications services may 
     not impair or impede the accessibility of information content 
     when accessibility has been incorporated into that content 
     for transmission through advanced communications services, 
     equipment used for advanced communications services, or 
     networks used to provide advanced communications services;
       ``(C) determine the obligations under this section of 
     manufacturers, service providers, and providers of 
     applications or services accessed over service provider 
     networks; and
       ``(D) not mandate technical standards, except that the 
     Commission may adopt technical standards as a safe harbor for 
     such compliance if necessary to facilities the manufacturers' 
     and service providers' compliance with sections (a) through 
     (c).
       ``(2) Prospective guidelines.--The Commission shall issue 
     prospective guidelines for a manufacturer or provider 
     regarding the requirements of this section.
       ``(f) Services and Equipment Subject to Section 255.--The 
     requirements of this section shall not apply to any equipment 
     or

[[Page 16927]]

     services, including interconnected VoIP service, that are 
     subject to the requirements of section 255 on the day before 
     the date of enactment of the Twenty-First Century 
     Communications and Video Accessibility Act of 2010. Such 
     services and equipment shall remain subject to the 
     requirements of section 255.
       ``(g) Achievable Defined.--For purposes of this section and 
     section 718, the term `achievable' means with reasonable 
     effort or expense, as determined by the Commission. In 
     determining whether the requirements of a provision are 
     achievable, the Commission shall consider the following 
     factors:
       ``(1) The nature and cost of the steps needed to meet the 
     requirements of this section with respect to the specific 
     equipment or service in question.
       ``(2) The technical and economic impact on the operation of 
     the manufacturer or provider and on the operation of the 
     specific equipment or service in question, including on the 
     development and deployment of new communications 
     technologies.
       ``(3) The type of operations of the manufacturer or 
     provider.
       ``(4) The extent to which the service provider or 
     manufacturer in question offers accessible services or 
     equipment containing varying degrees of functionality and 
     features, and offered at differing price points.
       ``(h) Commission Flexibility.--
       ``(1) Waiver.--The Commission shall have the authority, on 
     its own motion or in response to a petition by a manufacturer 
     or provider of advanced communications services or any 
     interested party, to waive the requirements of this section 
     for any feature or function of equipment used to provide or 
     access advanced communications services, or for any class of 
     such equipment, for any provider of advanced communications 
     services, or for any class of such services, that--
       ``(A) is capable of accessing an advanced communications 
     service; and
       ``(B) is designed for multiple purposes, but is designed 
     primarily for purposes other than using advanced 
     communications services.
       ``(2) Small entity exemption.--The Commission may exempt 
     small entities from the requirements of this section.
       ``(i) Customized Equipment or Services.--The provisions of 
     this section shall not apply to customized equipment or 
     services that are not offered directly to the public, or to 
     such classes of users as to be effectively available directly 
     to the public, regardless of the facilities used.
       ``(j) Rule of Construction.--This section shall not be 
     construed to require a manufacturer of equipment used for 
     advanced communications or a provider of advanced 
     communications services to make every feature and function of 
     every device or service accessible for every disability.

     ``SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS.

       ``(a) Complaint and Enforcement Procedures.--Within one 
     year after the date of enactment of the Twenty-First Century 
     Communications and Video Accessibility Act of 2010, the 
     Commission shall establish regulations that facilitate the 
     filing of formal and informal complaints that allege a 
     violation of section 255, 716, or 718, establish procedures 
     for enforcement actions by the Commission with respect to 
     such violations, and implement the recordkeeping obligations 
     of paragraph (5) for manufacturers and providers subject to 
     such sections. Such regulations shall include the following 
     provisions:
       ``(1) No fee.--The Commission shall not charge any fee to 
     an individual who files a complaint alleging a violation of 
     section 255, 716, or 718.
       ``(2) Receipt of complaints.--The Commission shall 
     establish separate and identifiable electronic, telephonic, 
     and physical receptacles for the receipt of complaints filed 
     under section 255, 716, or 718.
       ``(3) Complaints to the commission.--
       ``(A) In general.--Any person alleging a violation of 
     section 255, 716, or 718 by a manufacturer of equipment or 
     provider of service subject to such sections may file a 
     formal or informal complaint with the Commission.
       ``(B) Investigation of informal complaint.--The Commission 
     shall investigate the allegations in an informal complaint 
     and, within 180 days after the date on which such complaint 
     was filed with the Commission, issue an order concluding the 
     investigation, unless such complaint is resolved before such 
     time. The order shall include a determination whether any 
     violation occurred.
       ``(i) If the Commission determines that a violation has 
     occurred, the Commission may, in the order issued under this 
     subparagraph or in a subsequent order, direct the 
     manufacturer or service provider to bring the service, or in 
     the case of a manufacturer, the next generation of the 
     equipment or device, into compliance with requirements of 
     those sections within a reasonable time established by the 
     Commission in its order.
       ``(ii) No violation.--If a determination is made that a 
     violation has not occurred, the Commission shall provide the 
     basis for such determination.
       ``(C) Consolidation of complaints.--The Commission may 
     consolidate for investigation and resolution complaints 
     alleging substantially the same violation.
       ``(4) Opportunity to respond.--Before the Commission makes 
     a determination pursuant to paragraph (3), the party that is 
     the subject of the complaint shall have a reasonable 
     opportunity to respond to such complaint, and may include in 
     such response any factors that are relevant to such 
     determination. Before issuing a final order under paragraph 
     (3)(B)(i), the Commission shall provide such party a 
     reasonable opportunity to comment on any proposed remedial 
     action.
       ``(5) Recordkeeping.--(A) Beginning one year after the 
     effective date of regulations promulgated pursuant to section 
     716(e), each manufacturer and provider subject to sections 
     255, 716, and 718 shall maintain, in the ordinary course of 
     business and for a reasonable period, records of the efforts 
     taken by such manufacturer or provider to implement sections 
     255, 716, and 718, including the following:
       ``(i) Information about the manufacturer's or provider's 
     efforts to consult with individuals with disabilities.
       ``(ii) Descriptions of the accessibility features of its 
     products and services.
       ``(iii) Information about the compatibility of such 
     products and services with peripheral devices or specialized 
     customer premise equipment commonly used by individuals with 
     disabilities to achieve access.
       ``(B) An officer of a manufacturer or provider shall submit 
     to the Commission an annual certification that records are 
     being kept in accordance with subparagraph (A).
       ``(C) After the filing of a formal or informal complaint 
     against a manufacturer or provider in the manner prescribed 
     in paragraph (3), the Commission may request, and shall keep 
     confidential, a copy of the records maintained by such 
     manufacturer or provider pursuant to subparagraph (A) of this 
     paragraph that are directly relevant to the equipment or 
     service that is the subject of such complaint.
       ``(6) Failure to act.--If the Commission fails to carry out 
     any of its responsibilities to act upon a complaint in the 
     manner prescribed in paragraph (3), the person that filed 
     such complaint may bring an action in the nature of mandamus 
     in the United States Court of Appeals for the District of 
     Columbia to compel the Commission to carry out any such 
     responsibility.
       ``(7) Commission jurisdiction.--The limitations of section 
     255(f) shall apply to any claim that alleges a violation of 
     section 255, 716, or 718. Nothing in this paragraph affects 
     or limits any action for mandamus under paragraph (6) or any 
     appeal pursuant to section 402(b)(10).
       ``(8) Private resolutions of complaints.--Nothing in the 
     Commission's rules or this Act shall be construed to preclude 
     a person who files a complaint and a manufacturer or provider 
     from resolving a formal or informal complaint prior to the 
     Commission's final determination in a complaint proceeding. 
     In the event of such a resolution, the parties shall jointly 
     request dismissal of the complaint and the Commission shall 
     grant such request.
       ``(b) Reports to Congress.--
       ``(1) In general.--Every two years after the date of 
     enactment of the Twenty-First Century Communications and 
     Video Accessibility Act of 2010, the Commission shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report that includes the 
     following:
       ``(A) An assessment of the level of compliance with 
     sections 255, 716, and 718.
       ``(B) An evaluation of the extent to which any 
     accessibility barriers still exist with respect to new 
     communications technologies.
       ``(C) The number and nature of complaints received pursuant 
     to subsection (a) during the two years that are the subject 
     of the report.
       ``(D) A description of the actions taken to resolve such 
     complaints under this section, including forfeiture penalties 
     assessed.
       ``(E) The length of time that was taken by the Commission 
     to resolve each such complaint.
       ``(F) The number, status, nature, and outcome of any 
     actions for mandamus filed pursuant to subsection (a)(6) and 
     the number, status, nature, and outcome of any appeals filed 
     pursuant to section 402(b)(10).
       ``(G) An assessment of the effect of the requirements of 
     this section on the development and deployment of new 
     communications technologies.
       ``(2) Public comment required.--The Commission shall seek 
     public comment on its tentative findings prior to submission 
     to the Committees of the report under this subsection.
       ``(c) Comptroller General Enforcement Study.--
       ``(1) In general.--The Comptroller General shall conduct a 
     study to consider and evaluate the following:
       ``(A) The Commission's compliance with the requirements of 
     this section, including the Commission's level of compliance 
     with the deadlines established under and pursuant to this 
     section and deadlines for acting on complaints pursuant to 
     subsection (a).
       ``(B) Whether the enforcement actions taken by the 
     Commission pursuant to this section have been appropriate and 
     effective in ensuring compliance with this section.
       ``(C) Whether the enforcement provisions under this section 
     are adequate to ensure compliance with this section.

[[Page 16928]]

       ``(D) Whether, and to what extent (if any), the 
     requirements of this section have an effect on the 
     development and deployment of new communications 
     technologies.
       ``(2) Report.--Not later than 5 years after the date of 
     enactment of the Twenty-First Century Communications and 
     Video Accessibility Act of 2010, the Comptroller General 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     results of the study required by paragraph (1), with 
     recommendations for how the enforcement process and measures 
     under this section may be modified or improved.
       ``(d) Clearinghouse.--Within one year after the date of 
     enactment of the Twenty-First Century Communications and 
     Video Accessibility Act of 2010, the Commission shall, in 
     consultation with the Architectural and Transportation 
     Barriers Compliance Board, the National Telecommunications 
     and Information Administration, trade associations, and 
     organizations representing individuals with disabilities, 
     establish a clearinghouse of information on the availability 
     of accessible products and services and accessibility 
     solutions required under sections 255, 716, and 718. Such 
     information shall be made publicly available on the 
     Commission's website and by other means, and shall include an 
     annually updated list of products and services with access 
     features.
       ``(e) Outreach and Education.--Upon establishment of the 
     clearinghouse of information required under subsection (d), 
     the Commission, in coordination with the National 
     Telecommunications and Information Administration, shall 
     conduct an informational and educational program designed to 
     inform the public about the availability of the clearinghouse 
     and the protections and remedies available under sections 
     255, 716, and 718.

     ``SEC. 718. INTERNET BROWSERS BUILT INTO TELEPHONES USED WITH 
                   PUBLIC MOBILE SERVICES.

       ``(a) Accessibility.--If a manufacturer of a telephone used 
     with public mobile services (as such term is defined in 
     section 710(b)(4)(B)) includes an Internet browser in such 
     telephone, or if a provider of mobile service arranges for 
     the inclusion of a browser in telephones to sell to 
     customers, the manufacturer or provider shall ensure that the 
     functions of the included browser (including the ability to 
     launch the browser) are accessible to and usable by 
     individuals who are blind or have a visual impairment, unless 
     doing so is not achievable, except that this subsection shall 
     not impose any requirement on such manufacturer or provider--
       ``(1) to make accessible or usable any Internet browser 
     other than a browser that such manufacturer or provider 
     includes or arranges to include in the telephone; or
       ``(2) to make Internet content, applications, or services 
     accessible or usable (other than enabling individuals with 
     disabilities to use an included browser to access such 
     content, applications, or services).
       ``(b) Industry Flexibility.--A manufacturer or provider may 
     satisfy the requirements of subsection (a) with respect to 
     such telephone or services by--
       ``(1) ensuring that the telephone or services that such 
     manufacture or provider offers is accessible to and usable by 
     individuals with disabilities without the use of third party 
     applications, peripheral devices, software, hardware, or 
     customer premises equipment; or
       ``(2) using third party applications, peripheral devices, 
     software, hardware, or customer premises equipment that is 
     available to the consumer at nominal cost and that 
     individuals with disabilities can access.''.
       (b) Effective Date for Section 718.--Section 718 of the 
     Communications Act of 1934, as added by subsection (a), shall 
     take effect 3 years after the date of enactment of this Act.
       (c) Title V Amendments.--Section 503(b)(2) of such Act (47 
     U.S.C. 503(b)(2)) is amended by adding after subparagraph (E) 
     the following:
       ``(F) Subject to paragraph (5) of this section, if the 
     violator is a manufacturer or service provider subject to the 
     requirements of section 255, 716, or 718, and is determined 
     by the Commission to have violated any such requirement, the 
     manufacturer or provider shall be liable to the United States 
     for a forfeiture penalty of not more than $100,000 for each 
     violation or each day of a continuing violation, except that 
     the amount assessed for any continuing violation shall not 
     exceed a total of $1,000,000 for any single act or failure to 
     act.''.
       (d) Review of Commission Determinations.--Section 402(b) of 
     such Act (47 U.S.C. 402(b)) is amended by adding the 
     following new paragraph:
       ``(10) By any person who is aggrieved or whose interests 
     are adversely affected by a determination made by the 
     Commission under section 717(a)(3).''.

     SEC. 105. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.

       Title VII of the Communications Act of 1934, as amended by 
     section 104, is further amended by adding at the end the 
     following:

     ``SEC. 719. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.

       ``(a) In general.--Within 6 months after the date of 
     enactment of the Equal Access to 21st Century Communications 
     Act, the Commission shall establish rules that define as 
     eligible for relay service support those programs that are 
     approved by the Commission for the distribution of 
     specialized customer premises equipment designed to make 
     telecommunications service, Internet access service, and 
     advanced communications, including interexchange services and 
     advanced telecommunications and information services, 
     accessible by individuals who are deaf-blind.
       ``(b) Individuals Who Are Deaf-blind Defined.--For purposes 
     of this subsection, the term `individuals who are deaf-blind' 
     has the same meaning given such term in the Helen Keller 
     National Center Act, as amended by the Rehabilitation Act 
     Amendments of 1992 (29 U.S.C. 1905(2)).
       ``(c) Annual amount.--The total amount of support the 
     Commission may provide from its interstate relay fund for any 
     fiscal year may not exceed $10,000,000.''.

     SEC. 106. EMERGENCY ACCESS ADVISORY COMMITTEE.

       (a) Establishment.--For the purpose of achieving equal 
     access to emergency services by individuals with 
     disabilities, as a part of the migration to a national 
     Internet protocol-enabled emergency network, not later than 
     60 days after the date of enactment of this Act, the Chairman 
     of the Commission shall establish an advisory committee, to 
     be known as the Emergency Access Advisory Committee (referred 
     to in this section as the ``Advisory Committee'').
       (b) Membership.--As soon as practicable after the date of 
     enactment of this Act, the Chairman of the Commission shall 
     appoint the members of the Advisory Committee, ensuring a 
     balance between individuals with disabilities and other 
     stakeholders, and shall designate two such members as the co-
     chairs of the Committee. Members of the Advisory Committee 
     shall be selected from the following groups:
       (1) State and local government and emergency responder 
     representatives.--Representatives of State and local 
     governments and representatives of emergency response 
     providers, selected from among individuals nominated by 
     national organizations representing such governments and 
     representatives.
       (2) Subject matter experts.--Individuals who have the 
     technical knowledge and expertise to serve on the Advisory 
     Committee in the fulfillment of its duties, including 
     representatives of--
       (A) providers of interconnected and non-interconnected VoIP 
     services;
       (B) vendors, developers, and manufacturers of systems, 
     facilities, equipment, and capabilities for the provision of 
     interconnected and non-interconnected VoIP services;
       (C) national organizations representing individuals with 
     disabilities and senior citizens;
       (D) Federal agencies or departments responsible for the 
     implementation of the Next Generation E 9-1-1 system;
       (E) the National Institute of Standards and Technology; and
       (F) other individuals with such technical knowledge and 
     expertise.
       (3) Representatives of other stakeholders and interested 
     parties.--Representatives of such other stakeholders and 
     interested and affected parties as the Chairman of the 
     Commission determines appropriate.
       (c) Development of Recommendations.--Within 1 year after 
     the completion of the member appointment process by the 
     Chairman of the Commission pursuant to subsection (b), the 
     Advisory Committee shall conduct a national survey of 
     individuals with disabilities, seeking input from the groups 
     described in subsection (b)(2), to determine the most 
     effective and efficient technologies and methods by which to 
     enable access to emergency services by individuals with 
     disabilities and shall develop and submit to the Commission 
     recommendations to implement such technologies and methods, 
     including recommendations--
       (1) with respect to what actions are necessary as a part of 
     the migration to a national Internet protocol-enabled network 
     to achieve reliable, interoperable communication transmitted 
     over such network that will ensure access to emergency 
     services by individuals with disabilities;
       (2) for protocols, technical capabilities, and technical 
     requirements to ensure the reliability and interoperability 
     necessary to ensure access to emergency services by 
     individuals with disabilities;
       (3) for the establishment of technical standards for use by 
     public safety answering points, designated default answering 
     points, and local emergency authorities;
       (4) for relevant technical standards and requirements for 
     communication devices and equipment and technologies to 
     enable the use of reliable emergency access;
       (5) for procedures to be followed by IP-enabled network 
     providers to ensure that such providers do not install 
     features, functions, or capabilities that would conflict with 
     technical standards;
       (6) for deadlines by which providers of interconnected and 
     non-interconnected VoIP services and manufacturers of 
     equipment

[[Page 16929]]

     used for such services shall achieve the actions required in 
     paragraphs (1) through (5), where achievable, and for the 
     possible phase out of the use of current-generation TTY 
     technology to the extent that this technology is replaced 
     with more effective and efficient technologies and methods to 
     enable access to emergency services by individuals with 
     disabilities;
       (7) for the establishment of rules to update the 
     Commission's rules with respect to 9-1-1 services and E-911 
     services (as defined in section 158(e)(4) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942(e)(4))), for users of 
     telecommunications relay services as new technologies and 
     methods for providing such relay services are adopted by 
     providers of such relay services; and
       (8) that take into account what is technically and 
     economically feasible.
       (d) Meetings.--
       (1) Initial meeting.--The initial meeting of the Advisory 
     Committee shall take place not later than 45 days after the 
     completion of the member appointment process by the Chairman 
     of the Commission pursuant to subsection (b).
       (2) Other meetings.--After the initial meeting, the 
     Advisory Committee shall meet at the call of the chairs, but 
     no less than monthly until the recommendations required 
     pursuant to subsection (c) are completed and submitted.
       (3) Notice; open meetings.--Any meetings held by the 
     Advisory Committee shall be duly noticed at least 14 days in 
     advance and shall be open to the public.
       (e) Rules.--
       (1) Quorum.--One-third of the members of the Advisory 
     Committee shall constitute a quorum for conducting business 
     of the Advisory Committee.
       (2) Subcommittees.--To assist the Advisory Committee in 
     carrying out its functions, the chair may establish 
     appropriate subcommittees composed of members of the Advisory 
     Committee and other subject matter experts as determined to 
     be necessary.
       (3) Additional rules.--The Advisory Committee may adopt 
     other rules as needed.
       (f) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee.
       (g) Implementing Recommendations.--The Commission shall 
     have the authority to promulgate regulations to implement the 
     recommendations proposed by the Advisory Committee, as well 
     as any other regulations, technical standards, protocols, and 
     procedures as are necessary to achieve reliable, 
     interoperable communication that ensures access by 
     individuals with disabilities to an Internet protocol-enabled 
     emergency network, where achievable and technically feasible.
       (h) Definitions.--In this section--
       (1) the term ``Commission'' means the Federal 
     Communications Commission;
       (2) the term ``Chairman'' means the Chairman of the Federal 
     Communications Commission; and
       (3) except as otherwise expressly provided, other terms 
     have the meanings given such terms in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153).

                      TITLE II--VIDEO PROGRAMMING

     SEC. 201. VIDEO PROGRAMMING AND EMERGENCY ACCESS ADVISORY 
                   COMMITTEE.

       (a) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Chairman shall establish an 
     advisory committee to be known as the Video Programming and 
     Emergency Access Advisory Committee.
       (b) Membership.--As soon as practicable after the date of 
     enactment of this Act, the Chairman shall appoint individuals 
     who have the technical knowledge and engineering expertise to 
     serve on the Advisory Committee in the fulfillment of its 
     duties, including the following:
       (1) Representatives of distributors and providers of video 
     programming or a national organization representing such 
     distributors.
       (2) Representatives of vendors, developers, and 
     manufacturers of systems, facilities, equipment, and 
     capabilities for the provision of video programming delivered 
     using Internet protocol or a national organization 
     representing such vendors, developers, or manufacturers.
       (3) Representatives of manufacturers of consumer 
     electronics or information technology equipment or a national 
     organization representing such manufacturers.
       (4) Representatives of video programming producers or a 
     national organization representing such producers.
       (5) Representatives of national organizations representing 
     accessibility advocates, including individuals with 
     disabilities and the elderly.
       (6) Representatives of the broadcast television industry or 
     a national organization representing such industry.
       (7) Other individuals with technical and engineering 
     expertise, as the Chairman determines appropriate.
       (c) Commission Oversight.--The Chairman shall appoint a 
     member of the Commission's staff to moderate and direct the 
     work of the Advisory Committee.
       (d) Technical Staff.--The Commission shall appoint a member 
     of the Commission's technical staff to provide technical 
     assistance to the Advisory Committee.
       (e) Development of Recommendations.--
       (1) Closed captioning report.--Within 6 months after the 
     date of the first meeting of the Advisory Committee, the 
     Advisory Committee shall develop and submit to the Commission 
     a report that includes the following:
       (A) A recommended schedule of deadlines for the provision 
     of closed captioning service.
       (B) An identification of the performance requirement for 
     protocols, technical capabilities, and technical procedures 
     needed to permit content providers, content distributors, 
     Internet service providers, software developers, and device 
     manufacturers to reliably encode, transport, receive, and 
     render closed captions of video programming, except for 
     consumer generated media, delivered using Internet protocol.
       (C) An identification of additional protocols, technical 
     capabilities, and technical procedures beyond those available 
     as of the date of enactment of the Twenty-First Century 
     Communications and Video Accessibility Act of 2010 for the 
     delivery of closed captions of video programming, except for 
     consumer generated media, delivered using Internet protocol 
     that are necessary to meet the performance objectives 
     identified under subparagraph (B).
       (D) A recommendation for technical standards to address the 
     performance objectives identified in subparagraph (B).
       (E) A recommendation for any regulations that may be 
     necessary to ensure compatibility between video programming, 
     except for consumer generated media, delivered using Internet 
     protocol and devices capable of receiving and displaying such 
     programming in order to facilitate access to closed captions.
       (2) Video description, emergency information, user 
     interfaces, and video programming guides and menus.--Within 
     18 months after the date of enactment of this Act, the 
     Advisory Committee shall develop and submit to the Commission 
     a report that includes the following:
       (A) A recommended schedule of deadlines for the provision 
     of video description and emergency information.
       (B) An identification of the performance requirement for 
     protocols, technical capabilities, and technical procedures 
     needed to permit content providers, content distributors, 
     Internet service providers, software developers, and device 
     manufacturers to reliably encode, transport, receive, and 
     render video descriptions of video programming, except for 
     consumer generated media, and emergency information delivered 
     using Internet protocol or digital broadcast television.
       (C) An identification of additional protocols, technical 
     capabilities, and technical procedures beyond those available 
     as of the date of enactment of the Twenty-First Century 
     Communications and Video Accessibility Act of 2010 for the 
     delivery of video descriptions of video programming, except 
     for consumer generated media, and emergency information 
     delivered using Internet protocol that are necessary to meet 
     the performance objectives identified under subparagraph (B).
       (D) A recommendation for technical standards to address the 
     performance objectives identified in subparagraph (B).
       (E) A recommendation for any regulations that may be 
     necessary to ensure compatibility between video programming, 
     except for consumer generated media, delivered using Internet 
     protocol and devices capable of receiving and displaying such 
     programming, except for consumer generated media, in order to 
     facilitate access to video descriptions and emergency 
     information.
       (F) With respect to user interfaces, a recommendation for 
     the standards, protocols, and procedures used to enable the 
     functions of apparatus designed to receive or display video 
     programming transmitted simultaneously with sound (including 
     apparatus designed to receive or display video programming 
     transmitted by means of services using Internet protocol) to 
     be accessible to and usable by individuals with disabilities.
       (G) With respect to user interfaces, a recommendation for 
     the standards, protocols, and procedures used to enable on-
     screen text menus and other visual indicators used to access 
     the functions on an apparatus described in subparagraph (F) 
     to be accompanied by audio output so that such menus or 
     indicators are accessible to and usable by individuals with 
     disabilities.
       (H) With respect to video programming guides and menus, a 
     recommendation for the standards, protocols, and procedures 
     used to enable video programming information and selection 
     provided by means of a navigation device, guide, or menu to 
     be accessible in real-time by individuals who are blind or 
     visually impaired.
       (3) Consideration of work by standard-setting 
     organizations.--The recommendations of the advisory committee 
     shall, insofar as possible, incorporate the standards, 
     protocols, and procedures that have been adopted by 
     recognized industry standard-setting organizations for each 
     of the purposes described in paragraphs (1) and (2).
       (f) Meetings.--

[[Page 16930]]

       (1) Initial meeting.--The initial meeting of the Advisory 
     Committee shall take place not later than 180 days after the 
     date of the enactment of this Act.
       (2) Other meetings.--After the initial meeting, the 
     Advisory Committee shall meet at the call of the Chairman.
       (3) Notice; open meetings.--Any meeting held by the 
     Advisory Committee shall be noticed at least 14 days before 
     such meeting and shall be open to the public.
       (g) Procedural Rules.--
       (1) Quorum.--The presence of one-third of the members of 
     the Advisory Committee shall constitute a quorum for 
     conducting the business of the Advisory Committee.
       (2) Subcommittees.--To assist the Advisory Committee in 
     carrying out its functions, the Chairman may establish 
     appropriate subcommittees composed of members of the Advisory 
     Committee and other subject matter experts.
       (3) Additional procedural rules.--The Advisory Committee 
     may adopt other procedural rules as needed.
       (h) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee.

     SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

       (a) Video Description.--Section 713 of the Communications 
     Act of 1934 (47 U.S.C. 613) is amended--
       (1) by striking subsections (f) and (g);
       (2) by redesignating subsection (h) as subsection (j); and
       (3) by inserting after subsection (e) the following:
       ``(f) Video Description.--
       ``(1) Reinstatement of regulations.--On the day that is 1 
     year after the date of enactment of the Twenty-First Century 
     Communications and Video Accessibility Act of 2010, the 
     Commission shall, after a rulemaking, reinstate its video 
     description regulations contained in the Implementation of 
     Video Description of Video Programming Report and Order (15 
     F.C.C.R. 15,230 (2000)), recon. granted in part and denied in 
     part, (16 F.C.C.R. 1251 (2001)), modified as provided in 
     paragraph (2).
       ``(2) Modifications to reinstated regulations.--Such 
     regulations shall be modified only as follows:
       ``(A) The regulations shall apply to video programming, as 
     defined in subsection (h), insofar as and programming is 
     transmitted for display on television in digital format.
       ``(B) The Commission shall update the list of the top 25 
     designated market areas, the list of the top 5 national 
     nonbroadcast networks that at least 50 hours per quarter of 
     prime time programming that is not exempt under this 
     paragraph, and the beginning calendar quarter for which 
     compliance shall be calculated.
       ``(C) The regulations may permit a provider of video 
     programming or a program owner to petition the Commission for 
     an exemption from the requirements of this section upon a 
     showing that the requirements contained in this section be 
     economically burdensome.
       ``(D) The Commission may exempt from the regulations 
     established pursuant to paragraph (1) a service, class of 
     services, program, class of programs, equipment, or class of 
     equipment for which the Commission has determined that the 
     application of such regulations would be economically 
     burdensome for the provider of such service, program, or 
     equipment.
       ``(E) The regulations shall not apply to live or near-live 
     programming.
       ``(F) The regulations shall provide for an appropriate 
     phased schedule of deadlines for compliance.
       ``(G) The Commission shall consider extending the 
     exemptions and limitations in the reinstated regulations for 
     technical capability reasons to all providers and owners of 
     video programming.
       ``(3) Inquiries on further video description 
     requirements.--The Commission shall commence the following 
     inquiries not later than 1 year after the completion of the 
     phase-in of the reinstated regulations and shall report to 
     Congress 1 year thereafter on the findings for each of the 
     following:
       ``(A) Video description in television programming.--The 
     availability, use, and benefits of video description on video 
     programming distributed on television, the technical and 
     creative issues associated with providing such video 
     description, and the financial costs of providing such video 
     description for providers of video programming and program 
     owners.
       ``(B) Video description in video programming distributed on 
     the internet.--The technical and operational issues, costs, 
     and benefits of providing video descriptions for video 
     programming that is delivered using Internet protocol.
       ``(4) Continuing commission authority.--
       ``(A) In general.--The Commission may not issue additional 
     regulations unless the Commission determines, at least 2 
     years after completing the reports required in paragraph (3), 
     that the need for and benefits of providing video description 
     for video programming, insofar as such programming is 
     transmitted for display on television, are greater than the 
     technical and economic costs of providing such additional 
     programming.
       ``(B) Limitation.--If the Commission makes the 
     determination under subparagraph (A) and issues additional 
     regulations, the Commission may not increase, in total, the 
     hour requirement for additional described programming by more 
     than 75 percent of the requirement in the regulations 
     reinstated under paragraph (1).
       ``(C) Application to designated market areas.--
       ``(i) In general.--After the Commission completes the 
     reports on video description required in paragraph (3), the 
     Commission shall phase in the video description regulations 
     for the top 60 designated market areas, except that the 
     Commission may grant waivers to entities in specific 
     designated market areas where it deems appropriate.
       ``(ii) Phase-in deadline.--The phase-in described in clause 
     (i) shall be completed not later than 6 years after the date 
     of enactment of the Twenty-First Century Communications and 
     Video Accessibility Act of 2010.
       ``(iii) Report.--Nine years after the date of enactment of 
     the Twenty-First Century Communications and Video 
     Accessibility Act of 2010, the Commission shall submit to the 
     Committee on Energy of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report assessing--

       ``(I) the types of described video programming that is 
     available to consumers;
       ``(II) consumer use of such programming;
       ``(III) the costs to program owners, providers, and 
     distributors of creating such programming;
       ``(IV) the potential costs to program owners, providers, 
     and distributors in designated market areas outside of the 
     top 60 of creating such programming;
       ``(V) the benefits to consumers of such programming;
       ``(VI) the amount of such programming currently available; 
     and
       ``(VII) the need for additional described programming in 
     designated market areas outside the top 60.

       ``(iv) Additional market areas.--Ten years after the date 
     of enactment of the Twenty-First Century Communications and 
     Video Accessibility Act of 2010, the Commission shall have 
     the authority, based upon the findings, conclusions, and 
     recommendations contained in the report under clause (iii), 
     to phase in the video description regulations for up to an 
     additional 10 designated market areas each year--

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

       ``(g) Emergency Information.--Not later than 1 year after 
     the Advisory Committee report under subsection (e)(2) is 
     submitted to the Commission, the Commission shall complete a 
     proceeding to--
       ``(1) identify methods to convey emergency information (as 
     that term is defined in section 79.2 of title 47, Code of 
     Federal Regulations) in a manner accessible to individuals 
     who are blind or visually impaired; and
       ``(2) promulgate regulations that require video programming 
     providers and video programming distributors (as those terms 
     are defined in section 79.1 of title 47, Code of Federal 
     Regulations) and program owners to convey such emergency 
     information in a manner accessible to individuals who are 
     blind or visually impaired.
       ``(h) Definitions.--For purposes of this section, section 
     303, and section 330:
       ``(1) Video description.--The term `video description' 
     means the insertion of audio narrated descriptions of a 
     television program's key visual elements into natural pauses 
     between the program's dialogue.
       ``(2) Video programming.--The term `video programming' 
     means programming by, or generally considered comparable to 
     programming provided by a television broadcast station, but 
     not including consumer-generated media (as defined in section 
     3).
       (b) Closed Captioning on Video Programming Delivered Using 
     Internet Protocol.--Section 713 of such Act is further 
     amended by striking subsection (c) and inserting the 
     following:
       ``(c) Deadlines for Captioning.--
       ``(1) In general.--The regulations prescribed pursuant to 
     subsection (b) shall include an appropriate schedule of 
     deadlines for the provision of closed captioning of video 
     programming once published or exhibited on television.
       ``(2) Deadlines for programming delivered using internet 
     protocol.--
       ``(A) Regulations on closed captioning on video programming 
     delivered using internet protocol.--Not later than 6 months 
     after the submission of the report to the Commission required 
     by subsection (e)(1) of the Twenty-First Century 
     Communications and Video Accessibility Act of 2010, the 
     Commission shall revise its regulations to require the 
     provision of closed captioning on video programming delivered 
     using Internet protocol that was published or exhibited on 
     television with captions after the effective date of such 
     regulations.
       ``(B) Schedule.--The regulations prescribed under this 
     paragraph shall include an

[[Page 16931]]

     appropriate schedule of deadlines for the provision of closed 
     captioning, taking into account whether such programming is 
     prerecorded and edited for Internet distribution, or whether 
     such programming is live or near-live and not edited for 
     Internet distribution.
       ``(C) Cost.--The Commission may delay or waive the 
     regulation promulgated under subparagraph (A) to the extent 
     the Commission finds that the application of the regulation 
     to live video programming delivered using Internet protocol 
     with captions after the effective date of such regulations 
     would be economically burdensome to providers of video 
     programming or program owners.
       ``(D) Requirements for regulations.--The regulations 
     prescribed under this paragraph--
       ``(i) shall contain a definition of `near-live programming' 
     and `edited for Internet distribution';
       ``(ii) may exempt any service, class of service, program, 
     class of program, equipment, or class of equipment for which 
     the Commission has determined that the application of such 
     regulations would be economically burdensome for the provider 
     of such service, program, or equipment;
       ``(iii) shall clarify that, for the purposes of 
     implementation, of this subsection, the terms `video 
     programming distribution' and `video programming providers' 
     include an entity that makes available directly to the end 
     user video programming through a distribution method that 
     uses Internet protocol;
       ``(iv) and describe the responsibilities of video 
     programming providers or distributors and video programming 
     owners;
       ``(v) shall establish a mechanism to make available to 
     video progamming providers and distributors information on 
     video programming subject to the Act on an ongoing basis;
       ``(vi) shall consider that the video programming provider 
     or distributor shall be deemed in compliance if such entity 
     enables the rendering or pass through of closed captions and 
     video description signals and make a good faith effort to 
     identify video programming subject to the Act using the 
     mechanism created in (v); and
       ``(vii) shall provide that de minimis failure to comply 
     with such regulations by a video programming provider or 
     owner shall not be treated as a violation of the regulations.
       ``(3) Alternate means of compliance.--An entity may meet 
     the requirements of this section through alternate means than 
     those prescribed by regulations pursuant to subsection (b), 
     as revised pursuant to paragraph (2)(A) of this subsection, 
     if the requirements of this section are met, as determined by 
     the Commission.''.
       (c) Conforming Amendment.--Section 713(d) of such Act is 
     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) a provider of video programming or program owner may 
     petition the Commission for an exemption from the 
     requirements of this section, and the Commission may grant 
     such petition upon a showing that the requirements contained 
     in this section would be economically burdensome. During the 
     pendency of such a petition, such provider or owner shall be 
     exempt from the requirements of this section. The Commission 
     shall act to grant or deny any such petition, in whole or in 
     part, within 6 months after the Commission receives such 
     petition, unless the Commission finds that an extension of 
     the 6-month period is necessary to determine whether such 
     requirements are economically burdensome.''.

     SEC. 203. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION 
                   CAPABILITY.

       (a) Authority to Regulate.--Section 303(u) of the 
     Communications Act of 1934 (47 U.S.C. 303(u)) is amended to 
     read as follows:
       ``(u) Require that, if technically feasible--
       ``(1) apparatus designed to receive or play back video 
     programming transmitted simultaneously with sound, if such 
     apparatus is manufactured in the United States or imported 
     for use in the United States and uses a picture screen of any 
     size--
       ``(A) be equipped with built-in closed caption decoder 
     circuitry or capability designed to display closed-captioned 
     video programming;
       ``(B) have the capability to decode and make available the 
     transmission and delivery of video description services as 
     required by regulations reinstated and modified pursuant to 
     section 713(f); and
       ``(C) have the capability to decode and make available 
     emergency information (as that term is defined in section 
     79.2 of the Commission's regulations (47 CFR 79.2)) in a 
     manner that is accessible to individuals who are blind or 
     visually impaired; and
       ``(2) notwithstanding paragraph (1) of this subsection--
       ``(A) apparatus described in such paragraph that use a 
     picture screen that is less than 13 inches in size meet the 
     requirements of subparagraph (A), (B), or (C) of such 
     paragraph only if the requirements of such subparagraphs are 
     achievable (as defined in section 716);
       ``(B) any apparatus or class of apparatus that are display-
     only video monitors with no playback capability are exempt 
     from the requirements of such paragraph; and
       ``(C) the Commission shall have the authority, on its own 
     motion or in response to a petition by a manufacturer, to 
     waive the requirements of this subsection for any apparatus 
     or class of apparatus--

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

       (b) Other Devices.--Section 303 of the Communications Act 
     of 1934 (47 U.S.C. 303) is further amended by adding at the 
     end the following new subsection:
       ``(z) Require that--
       ``(1) if achievable (as defined in section 716), apparatus 
     designed to record video programming transmitted 
     simultaneously with sound, if such apparatus is manufactured 
     in the United States or imported for use in the United 
     States, enable the rendering or the pass through of closed 
     captions, video description signals, and emergency 
     information (as that term is defined in section 79.2 of title 
     47, Code of Federal Regulations) such that viewers are able 
     to activate and de-activate the closed captions and video 
     description as the video programming is played back on a 
     picture screen of any size; and
       ``(2) interconnection mechanisms and standards for digital 
     video source devices are available to carry from the source 
     device to the consumer equipment the information necessary to 
     permit or render the display of closed captions and to make 
     encoded video description and emergency information 
     audible.''.
       (c) Shipment in Commerce.--Section 330(b) of the 
     Communications Act of 1934 (47 U.S.C. 330(b)) is amended--
       (1) by striking ``303(u)'' in the first sentence and 
     inserting ``303(u) and (z)'';
       (2) by striking the second sentence and inserting the 
     following: ``Such rules shall provide performance and display 
     standards for such built-in decoder circuitry or capability 
     designed to display closed captioned video programming, the 
     transmission and delivery of video description services, and 
     the conveyance of emergency information as required by 
     section 303 of this Act.''; and
       (3) in the fourth sentence, by striking ``closed-captioning 
     service continues'' and inserting ``closed-captioning service 
     and video description service continue''.
       (d) Implementing Regulations.--The Federal Communications 
     Commission shall prescribe such regulations as are necessary 
     to implement the requirements of sections 303(u), 303(z), and 
     330(b) of the Communications Act of 1934, as amended by this 
     section, including any technical standards, protocols, and 
     procedures needed for the transmission of--
       (1) closed captioning within 6 months after the submission 
     to the Commission of the Advisory Committee report required 
     by section 201(e)(1); and
       (2) video description and emergency information within 18 
     months after the submission to the Commission of the Advisory 
     Committee report required by section 201(e)(2).
       (e) Alternate Means of Compliance.--An entity may meet the 
     requirements of sections 303(u), 303(z), and 330(b) of the 
     Communications Act of 1934 through alternate means than those 
     prescribed by regulations pursuant to subsection (d) if the 
     requirements of those sections are met, as determined by the 
     Commission.

     SEC. 204. USER INTERFACES ON DIGITAL APPARATUS.

       (a) Amendment.--Section 303 of the Communications Act of 
     1934 (47 U.S.C. 303) is further amended by adding after 
     subsection (z), as added by section 203 of this Act, the 
     following new subsection:
       ``(aa) Require--
       ``(1) if achievable (as defined in section 716) that 
     digital apparatus designed to receive or play back video 
     programming transmitted in digital format simultaneously with 
     sound, including apparatus designed to receive or display 
     video programming transmitted in digital format using 
     Internet protocol, be designed, developed, and fabricated so 
     that control of appropriate built-in apparatus functions are 
     accessible to and usable by individuals who are blind or 
     visually impaired, except that the Commission may not specify 
     the technical standards, protocols, procedures, and other 
     technical requirements for meeting this requirement;
       ``(2) that if on-screen text menus or other visual 
     indicators built in to the digital apparatus are used to 
     access the functions of the apparatus described in paragraph 
     (1), such functions shall be accompanied by audio output that 
     is either integrated or peripheral to the apparatus, so that 
     such menus or indicators are accessible to and usable by 
     individuals who are blind or visually impaired in real-time;
       ``(3) that for such apparatus equipped with the functions 
     described in paragraphs (1) and (2) built in access to those 
     closed captioning and video description features through a 
     mechanism that is reasonably comparable to a button, key, or 
     icon designated by activating the closed captioning or 
     accessibility features; and

[[Page 16932]]

       ``(4) that in applying this subsection the term `apparatus' 
     does not include a navigation device, as such term is defined 
     in section 76.1200 of the Commission's rules (47 CFR 
     76.1200).''.
       (b) Implementing Regulations.--Within 18 months after the 
     submission to the Commission of the Advisory Committee report 
     required by section 201(e)(2), the Commission shall prescribe 
     such regulations as are necessary to implement the amendments 
     made by subsection (a).
       (c) Alternate Means of Compliance.--An entity may meet the 
     requirements of section 303(aa) of the Communications Act of 
     1934 through alternate means than those prescribed by 
     regulations pursuant to subsection (b) if the requirements of 
     those sections are met, as determined by the Commission.
       (d) Deferral of Compliance with ATSC Mobile DTV Standard A/
     153.--A digital apparatus designed and manufactured to 
     receive or play back the Advanced Television Systems 
     Committee's Mobile DTV Standards A/153 shall not be required 
     to meet the requirements of the regulations prescribed under 
     subsection (b) for a period of not less than 24 months after 
     the date on which the final regulations are published in the 
     Federal Register.

     SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS 
                   PROVIDED ON NAVIGATION DEVICES.

       (a) Amendment.--Section 303 of the Communications Act of 
     1934 (47 U.S.C. 303) is further amended by adding after 
     subsection (aa), as added by section 204 of this Act, the 
     following new subsection:
       ``(bb) Require--
       ``(1) if achievable (as defined in section 716), that the 
     on-screen text menus and guides provided by navigation 
     devices (as such term is defined in section 76.1200 of title 
     47, Code of Federal Regulations) for the display or selection 
     of multichannel video programming are audibly accessible in 
     real-time upon request by individuals who are blind or 
     visually impaired, except that the Commission may not specify 
     the technical standards, protocols, procedures, and other 
     technical requirements for meeting this requirement; and
       ``(2) for navigation devices with built-in closed 
     captioning capability, that access to that capability through 
     a mechanism is reasonably comparable to a button, key, or 
     icon designated for activating the closed captioning, or 
     accessibility features.

     With respect to apparatus features and functions delivered in 
     software, the requirements set forth in this subsection shall 
     apply to the manufacturer of such software. With respect to 
     apparatus features and functions delivered in hardware, the 
     requirements set forth in this subsection shall apply to the 
     manufacturer of such hardware.''.
       (b) Implementing Regulations.--
       (1) In general.--Within 18 months after the submission to 
     the Commission of the Advisory Committee report required by 
     section 201(e)(2), the Commission shall prescribe such 
     regulations as are necessary to implement the amendment made 
     by subsection (a).
       (2) Exemption.--Such regulations may provide an exemption 
     from the regulations for cable systems serving 20,000 or 
     fewer subscribers.
       (3) Responsibility.--An entity shall only be responsible 
     for compliance with the requirements added by this section 
     with respect to navigation devices that it provides to a 
     requesting blind or visually impaired individual.
       (4) Separate equipment or software.--
       (A) In general.--Such regulations shall permit but not 
     require the entity providing the navigation device to the 
     requesting blind or visually impaired individual to comply 
     with section 303(bb)(1) of the Communications Act of 1934 
     through that entity's use of software, a peripheral device, 
     specialized consumer premises equipment, a network-based 
     service or other solution, and shall provide the maximum 
     flexibility to select the manner of compliance.
       (B) Requirements.--If an entity complies with section 
     303(bb)(1) of the Communications Act of 1934 under 
     subparagraph (A), the entity providing the navigation device 
     to the requesting blind or visually impaired individual shall 
     provide any such software, peripheral device, equipment, 
     service, or solution at no additional charge and within a 
     reasonable time to such individual and shall ensure that such 
     software, device, equipment, service, or solution provides 
     the access required by such regulations.
       (5) User controls for closed captioning.--Such regulations 
     shall permit the entity providing the navigation device 
     maximum flexibility in the selection of means for compliance 
     with section 303(bb)(2) of the Communications Act of 1934 (as 
     added by subsection (a) of this section).
       (6) Phase-in.--
       (A) In general.--The Commission shall provide affected 
     entities with--
       (i) not less than 2 years after the adoption of such 
     regulations to begin placing in service devices that comply 
     with the requirements of section 303(bb)(2) of the 
     Communications Act of 1934 (as added by subsection (a) of 
     this section); and
       (ii) not less than 3 years after the adoption of such 
     regulations to begin placing in service devices that comply 
     with the requirements of section 303(bb)(1) of the 
     Communications Act of 1934 (as added by subsection (a) of 
     this section).
       (B) Application.--Such regulations shall apply only to 
     devices manufactured or imported on or after the respective 
     effective dates established in subparagraph (A).

     SEC. 206. DEFINITIONS.

       In this title:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the advisory committee established in section 201.
       (2) Chairman.--The term ``Chairman'' means the Chairman of 
     the Federal Communications Commission.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Emergency information.--The term ``emergency 
     information'' has the meaning given such term in section 79.2 
     of title 47, Code of Federal Regulations.
       (5) Internet protocol.--The term ``Internet protocol'' 
     includes Transmission Control Protocol and a successor 
     protocol or technology to Internet protocol.
       (6) Navigation device.--The term ``navigation device'' has 
     the meaning given such term in section 76.1200 of title 47, 
     Code of Federal Regulations.
       (7) Video description.--The term ``video description'' has 
     the meaning given such term in section 713 of the 
     Communications Act of 1934 (47 U.S.C. 613).
       (8) Video programming.--The term ``video programming'' has 
     the meaning given such term in section 713 of the 
     Communications Act of 1934 (47 U.S.C. 613).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Markey) and the gentleman from Texas (Mr. Burgess) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. MARKEY of Massachusetts. I yield myself such time as I may 
consume.
  Mr. Speaker, I would like to begin by commending subcommittee 
Chairman Boucher for his incredible work on this issue. I also commend 
Chairman Waxman, who dedicated a lot of time to making sure that this 
piece of legislation would come to fruition here this evening. I would 
also like to thank Chairman Stearns--Ranking Member Stearns on the 
minority side--along with Mr. Barton, who is the ranking member of the 
full committee, Mr. Burgess, and all of the minority members.
  If you were to look up in the dictionary the words ``bipartisan 
effort,'' this bill's number would be next to that effort.

                              {time}  2110

  On July 26, the 20th anniversary of the Americans with Disabilities 
Act, the House passed, by an overwhelming bipartisan margin of 348-23, 
the 21st Century Communications and Video Accessibility Act that I'd 
introduced last year to update the ADA for the digital era.
  On August 5 the Senate passed the companion bill by unanimous 
consent, and then on September 22 the Senate unanimously passed the 
bill to make technical corrections to its companion bill. We are now 
taking up both of these bills, and we'll send them, after passage, to 
the President to be signed into law.
  If you're an individual who's blind, deaf, or both, navigating an 
intersection can be a challenge, but navigating the Internet can 
sometimes be even more difficult; and that's because laws to ensure 
equal treatment for Americans with disabilities have focused primarily 
on things like wheelchair access rather than Web access. That is about 
to change.
  At this historic moment, I'd like to think that Helen Keller and 
Annie Sullivan are looking down on us here tonight and smiling. This 
picture was taken in 1888 in Brewster, Massachusetts, on Cape Cod. 
Whether it is a braille reader or a broadband connection, access to 
technology is not a political issue--it's a participation issue. Each 
of us should be able to participate in the world to the fullest extent 
possible, and the latest communications and video devices and services 
can enrich and ennoble how Americans experience and enjoy their lives.
  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 access for Americans who 
are

[[Page 16933]]

disabled to technologies that can help them do things that most of us 
take for granted.
  In 1990, we made sure that Americans who are deaf could make 
telephone calls.
  Around the same time, 1990, we mandated that television shows be 
closed captioned for the deaf so that they can enjoy the same 
entertainment and other programming as many 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.
  And in 1996, in the Telecommunications Act, we inserted language 
which required accessibility of all telephone equipment, including 
telephones, telephone calls, call waiting, speed dialing, caller ID, 
and related services.
  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 Helen Keller and Annie Sullivan through the 
Americans with Disabilities Act to closed captioning for television 
programming and ability of the deaf to make telephone calls, and now to 
the 21st Century Communications and Video Accessibility Act on the 
floor tonight, we've made important progress. We've moved from braille 
to broadcast, from broadband to the BlackBerry.
  Annie Sullivan used special language she spelled in Helen Keller's 
palm. In the 21st century, we've moved from tracing letters of the 
alphabet on a palm to navigating a Palm Pilot, and we must ensure that 
all of these devices are accessible to the deaf and the blind in our 
society. That's what this legislation does here this evening.
  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. Helen Keller did learn to speak--and 
Helen Keller is still speaking to us tonight--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 being made 
accessible to each American.
  The bill we are considering tonight significantly increases 
accessibility for Americans with disabilities to the indispensable 
telecommunications and video technology tools of the 21st century by 
making getting on the Web easier through improved user interfaces for 
smartphones; enabling Americans who are blind to enjoy TV more fully 
through audible descriptions of the on-air action; making cable TV 
program guides and selection menus accessible to people with vision 
loss; providing Americans who are deaf the ability to watch new TV 
programs online with the captions included; mandating that remote 
controls have a button or similar mechanism to easily access the closed 
captioning on broadcast and pay TV; requiring that telecom equipment 
used to make calls over the Internet is compatible with hearing aids; 
and for low-income Americans who are deaf and blind, providing a share 
of the total $10 million per year of funding to purchase accessible 
Internet access and telecom services so these individuals can more 
fully participate in our society.
  I thank my colleagues for their support for this landmark 
legislation.
  I reserve the balance of my time.
  Mr. BURGESS. Mr. Speaker, I yield myself such time as I may consume.
  This bill will help Americans with hearing or vision disabilities, or 
those who have both, allow them access to 21st century technology and 
prohibit the Federal Communications Commission from mandating 
proprietary technologies, relying instead on advisory committees and 
industry-developed technical standards.
  The members of the House Energy and Commerce Committee, on a 
bipartisan basis, supported this legislation when it moved through the 
committee and the House in July. I want to commend my colleagues on the 
other side of the aisle for working with the minority and with all of 
the stakeholders to get a consensus. Because of that work, the bill 
originally passed this House by a vote of 348-23.
  We are now considering the Senate version in an effort to move the 
bill quickly to the President. Unfortunately, the version from the 
other body originally included a number of significant technical 
errors. To fix those errors, the other body passed S. 3828 to make 
corrections to their work.
  As corrected, S. 3304, like the House bill, includes language 
explicitly stating that the new provisions of the law shall not be 
construed to require every feature and function, of every device or 
service, to be accessible for every disability. Furthermore, the law 
will create goals rather than impose technology mandates, which will 
allow innovation in this area to flourish. In that same spirit, it 
allows manufacturers and providers to rely on third-party solutions in 
order to achieve accessibility for people with disabilities.
  However, all businesses and their products are not created equal. 
This bill recognizes that some small businesses and fledgling 
entrepreneurs may not be able to bear the financial burden of these new 
requirements, so there is the possibility of exemptions for small 
businesses. The legislation also contemplates waivers for some 
multifunction devices that are not primarily designed for advanced 
communications, as well as authorizes the Federal Communications 
Commission to grant waivers to address concerns of the electronics 
community about very small devices.
  I, again, want to thank the majority for working together on this 
bill. I wish the rest of the legislation that has been considered in 
this Congress could have been dealt with in such a collaborative 
process.
  With that, Mr. Speaker, I ask my colleagues to support the bill.
  I reserve the balance of my time.


                             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 material on S. 3304.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. MARKEY of Massachusetts. I yield myself such time as I may 
consume.
  This bill has been several years in the making. It's going to have a 
transformative effect on the lives of the deaf and the blind in our 
country, and ultimately in the world, because the technologies we 
develop here will help all of the deaf and blind be able to use 
information in this wireless world that all information is now 
migrating to.

                              {time}  2120

  I want to thank Roger Sherman, Tim Powderly, Sarah Fisher, Amy Levine 
on the Democratic side. Neil Fried and Will Carty on the Republican 
side for their great work. To Colin Crowell on my staff for many years, 
who helped to conceptualize what it is that we are doing today. And 
especially to Mark Bayer on my staff, who has worked tirelessly over 
the last year and a half to bring this bill to fruition. Looking down I 
think and smiling right now on this legislation are Karen Peltz 
Strauss, Rosaline Crawford, Jenifer Simpson, Eric Bridges, Mark 
Richert, Larry Goldberg, Steve Rothstein from the Perkins School, and 
Mike Festa at the Carroll Center. Incredible advocates, and the 
conscience of this issue, why we're here. I thank all who worked on 
this legislation.
  I urge an ``aye'' vote.
  I yield back the balance of my time.
  Mr. BURGESS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Markey) that the House suspend the 
rules and pass the bill, S. 3304.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

[[Page 16934]]



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