    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-260
    111th Congress

    An Act

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

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

    SECTION 1. <> SHORT TITLE; TABLE OF CONTENTS.

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

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

    TITLE I--COMMUNICATIONS ACCESS

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

    TITLE II--VIDEO PROGRAMMING

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

    SEC. 2. <> LIMITATION ON LIABILITY.

    (a) In General.--Except as provided in subsection (b), no person
    shall be liable for a violation of the requirements of this Act (or of
    the provisions of the Communications Act of 1934 that are amended or
    added by this Act) with respect to video programming, online content,
    applications, services, advanced communications services, or equipment
    used to provide or access advanced communications services to the extent
    such person--
    (1) transmits, routes, or stores in intermediate or
    transient storage the communications made available through the
    provision of advanced communications services by a third party;
    or
    (2) provides an information location tool, such as a
    directory, index, reference, pointer, menu, guide, user
    interface, or hypertext link, through which an end user obtains
    access

    [[Page 2752]]

    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

    [[Page 2752]]

    that provides real-time video communications, including audio,
    to enable users to share information of the user's choosing.'';
    and
    (2) by reordering paragraphs (1) through (52) and the
    paragraphs added by paragraph (1) of this section in
    alphabetical order based on the headings of such paragraphs and
    renumbering such paragraphs as so reordered.

    SEC. 102. HEARING AID COMPATIBILITY.

    (a) Compatibility Requirements.--
    (1) Telephone service for the disabled.--Section 710(b)(1)
    of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is
    amended to read as follows:

    ``(b)(1) Except as provided in paragraphs (2) and (3) and subsection
    (c), the Commission shall require that customer premises equipment
    described in this paragraph provide internal means for effective use
    with hearing aids that are designed to be compatible with telephones
    which meet established technical standards for hearing aid
    compatibility. Customer premises equipment described in this paragraph
    are the following:
    ``(A) All essential telephones.
    ``(B) All telephones manufactured in the United States
    (other than for export) more than one year after the date of
    enactment of the Hearing Aid Compatibility Act of 1988 or
    imported for use in the United States more than one year after
    such date.
    ``(C) All customer premises equipment used with advanced
    communications services that is designed to provide 2-way voice
    communication via a built-in speaker intended to be held to the
    ear in a manner functionally equivalent to a telephone, subject
    to the regulations prescribed by the Commission under subsection
    (e).''.
    (2) Additional amendments.--Section 710(b) of the
    Communications Act of 1934 (47 U.S.C. 610(b)) is further
    amended--
    (A) in paragraph (2)--
    (i) in subparagraph (A)--
    (I) in the matter preceding clause
    (i)--
    (aa) by striking
    ``initial'';
    (bb) by striking ``of this
    subsection after the date of
    enactment of the Hearing Aid
    Compatibility Act of 1988''; and
    (cc) by striking ``paragraph
    (1)(B) of this subsection'' and
    inserting ``subparagraphs (B)
    and (C) of paragraph (1)'';
    (II) by inserting ``and'' at the end
    of clause (ii);
    (III) by striking clause (iii); and
    (IV) by redesignating clause (iv) as
    clause (iii);
    (ii) by striking subparagraph (B) and
    redesignating subparagraph (C) as subparagraph
    (B); and
    (iii) in subparagraph (B) (as so
    redesignated)--
    (I) by striking the first sentence
    and inserting ``The Commission shall
    periodically assess the appropriateness
    of continuing in effect the exemptions
    for telephones and other customer
    premises

    [[Page 2754]]

    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.''.

    [[Page 2755]]

    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

    [[Page 2756]]

    ``(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;

    [[Page 2757]]

    ``(C) <>  determine the
    obligations under this section of manufacturers, service
    providers, and providers of applications or services
    accessed over service provider networks; and
    ``(D) not mandate technical standards, except that
    the Commission may adopt technical standards as a safe
    harbor for such compliance if necessary to facilities
    the manufacturers' and service providers' compliance
    with sections (a) through (c).
    ``(2) Prospective guidelines.--The Commission shall issue
    prospective guidelines for a manufacturer or provider regarding
    the requirements of this section.

    ``(f) Services and Equipment Subject to Section 255.--The
    requirements of this section shall not apply to any equipment or
    services, including interconnected VoIP service, that are subject to the
    requirements of section 255 on the day before the date of enactment of
    the Twenty-First Century Communications and Video Accessibility Act of
    2010. Such services and equipment shall remain subject to the
    requirements of section 255.
    ``(g) Achievable Defined.--For purposes of this section and section
    718, the term `achievable' means with reasonable effort or expense, as
    determined by the Commission. In determining whether the requirements of
    a provision are achievable, the Commission shall consider the following
    factors:
    ``(1) The nature and cost of the steps needed to meet the
    requirements of this section with respect to the specific
    equipment or service in question.
    ``(2) The technical and economic impact on the operation of
    the manufacturer or provider and on the operation of the
    specific equipment or service in question, including on the
    development and deployment of new communications technologies.
    ``(3) The type of operations of the manufacturer or
    provider.
    ``(4) The extent to which the service provider or
    manufacturer in question offers accessible services or equipment
    containing varying degrees of functionality and features, and
    offered at differing price points.

    ``(h) Commission Flexibility.--
    ``(1) Waiver.--The Commission shall have the authority, on
    its own motion or in response to a petition by a manufacturer or
    provider of advanced communications services or any interested
    party, to waive the requirements of this section for any feature
    or function of equipment used to provide or access advanced
    communications services, or for any class of such equipment, for
    any provider of advanced communications services, or for any
    class of such services, that--
    ``(A) is capable of accessing an advanced
    communications service; and
    ``(B) is designed for multiple purposes, but is
    designed primarily for purposes other than using
    advanced communications services.
    ``(2) Small entity exemption.--The Commission may exempt
    small entities from the requirements of this section.

    ``(i) Customized Equipment or Services.--The provisions of this
    section shall not apply to customized equipment or services that are not
    offered directly to the public, or to such classes of

    [[Page 2758]]

    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

    [[Page 2759]]

    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:

    [[Page 2760]]

    ``(A) An assessment of the level of compliance with
    sections 255, 716, and 718.
    ``(B) An evaluation of the extent to which any
    accessibility barriers still exist with respect to new
    communications technologies.
    ``(C) The number and nature of complaints received
    pursuant to subsection (a) during the two years that are
    the subject of the report.
    ``(D) A description of the actions taken to resolve
    such complaints under this section, including forfeiture
    penalties assessed.
    ``(E) The length of time that was taken by the
    Commission to resolve each such complaint.
    ``(F) The number, status, nature, and outcome of any
    actions for mandamus filed pursuant to subsection (a)(6)
    and the number, status, nature, and outcome of any
    appeals filed pursuant to section 402(b)(10).
    ``(G) An assessment of the effect of the
    requirements of this section on the development and
    deployment of new communications technologies.
    ``(2) Public comment required.--The Commission shall seek
    public comment on its tentative findings prior to submission to
    the Committees of the report under this subsection.

    ``(c) Comptroller General Enforcement Study.--
    ``(1) In general.--The Comptroller General shall conduct a
    study to consider and evaluate the following:
    ``(A) The Commission's compliance with the
    requirements of this section, including the Commission's
    level of compliance with the deadlines established under
    and pursuant to this section and deadlines for acting on
    complaints pursuant to subsection (a).
    ``(B) Whether the enforcement actions taken by the
    Commission pursuant to this section have been
    appropriate and effective in ensuring compliance with
    this section.
    ``(C) Whether the enforcement provisions under this
    section are adequate to ensure compliance with this
    section.
    ``(D) Whether, and to what extent (if any), the
    requirements of this section have an effect on the
    development and deployment of new communications
    technologies.
    ``(2) Report.--Not later than 5 years after the date of
    enactment of the Twenty-First Century Communications and Video
    Accessibility Act of 2010, the Comptroller General shall submit
    to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Energy and Commerce of the House of
    Representatives a report on the results of the study required by
    paragraph (1), with recommendations for how the enforcement
    process and measures under this section may be modified or
    improved.

    ``(d) Clearinghouse.-- <> Within one year after the
    date of enactment of the Twenty-First Century Communications and Video
    Accessibility Act of 2010, the Commission shall, in consultation with
    the Architectural and Transportation Barriers Compliance Board, the
    National Telecommunications and Information Administration, trade
    associations, and organizations representing individuals with
    disabilities, establish a clearinghouse of information on the
    availability of accessible products and services and accessibility

    [[Page 2761]]

    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

    [[Page 2762]]

    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--

    [[Page 2763]]

    (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

    [[Page 2764]]

    (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

    [[Page 2765]]

    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).

    [[Page 2766]]

    (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

    [[Page 2767]]

    menus or indicators are accessible to and usable by
    individuals with disabilities.
    (H) With respect to video programming guides and
    menus, a recommendation for the standards, protocols,
    and procedures used to enable video programming
    information and selection provided by means of a
    navigation device, guide, or menu to be accessible in
    real-time by individuals who are blind or visually
    impaired.
    (3) Consideration of work by standard-setting
    organizations.--The recommendations of the advisory committee
    shall, insofar as possible, incorporate the standards,
    protocols, and procedures that have been adopted by recognized
    industry standard-setting organizations for each of the purposes
    described in paragraphs (1) and (2).

    (f) Meetings.--
    (1) Initial meeting.-- <> The initial
    meeting of the Advisory Committee shall take place not later
    than 180 days after the date of the enactment of this Act.
    (2) Other meetings.--After the initial meeting, the Advisory
    Committee shall meet at the call of the Chairman.
    (3) Notice; open meetings.-- <> Any meeting
    held by the Advisory Committee shall be noticed at least 14 days
    before such meeting and shall be open to the public.

    (g) Procedural Rules.--
    (1) Quorum.--The presence of one-third of the members of the
    Advisory Committee shall constitute a quorum for conducting the
    business of the Advisory Committee.
    (2) Subcommittees.--To assist the Advisory Committee in
    carrying out its functions, the Chairman may establish
    appropriate subcommittees composed of members of the Advisory
    Committee and other subject matter experts.
    (3) Additional procedural rules.--The Advisory Committee may
    adopt other procedural rules as needed.

    (h) Federal Advisory Committee Act.--The Federal Advisory Committee
    Act (5 U.S.C. App.) shall not apply to the Advisory Committee.

    SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

    (a) Video Description.--Section 713 of the Communications Act of
    1934 (47 U.S.C. 613) is amended--
    (1) by striking subsections (f) and (g);
    (2) by redesignating subsection (h) as subsection (j); and
    (3) by inserting after subsection (e) the following:

    ``(f) Video Description.--
    ``(1) Reinstatement of regulations.-- <> On
    the day that is 1 year after the date of enactment of the
    Twenty-First Century Communications and Video Accessibility Act
    of 2010, the Commission shall, after a rulemaking, reinstate its
    video description regulations contained in the Implementation of
    Video Description of Video Programming Report and Order (15
    F.C.C.R. 15,230 (2000)), recon. granted in part and denied in
    part, (16 F.C.C.R. 1251 (2001)), modified as provided in
    paragraph (2).
    ``(2) Modifications to reinstated regulations.--Such
    regulations shall be modified only as follows:

    [[Page 2768]]

    ``(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

    [[Page 2769]]

    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.

    [[Page 2770]]

    ``(g) Emergency Information.-- <> Not later than 1
    year after the Advisory Committee report under subsection (e)(2) is
    submitted to the Commission, the Commission shall complete a proceeding
    to--
    ``(1) identify methods to convey emergency information (as
    that term is defined in section 79.2 of title 47, Code of
    Federal Regulations) in a manner accessible to individuals who
    are blind or visually impaired; and
    ``(2) <> promulgate regulations that
    require video programming providers and video programming
    distributors (as those terms are defined in section 79.1 of
    title 47, Code of Federal Regulations) and program owners to
    convey such emergency information in a manner accessible to
    individuals who are blind or visually impaired.

    ``(h) Definitions.--For purposes of this section, section 303, and
    section 330:
    ``(1) Video description.--The term `video description' means
    the insertion of audio narrated descriptions of a television
    program's key visual elements into natural pauses between the
    program's dialogue.
    ``(2) Video programming.--The term `video programming' means
    programming by, or generally considered comparable to
    programming provided by a television broadcast station, but not
    including consumer-generated media (as defined in section 3).

    (b) Closed Captioning on Video Programming Delivered Using Internet
    Protocol.--Section 713 of such Act <> is further
    amended by striking subsection (c) and inserting the following:

    ``(c) Deadlines for Captioning.--
    ``(1) In general.--The regulations prescribed pursuant to
    subsection (b) shall include an appropriate schedule of
    deadlines for the provision of closed captioning of video
    programming once published or exhibited on television.
    ``(2) Deadlines for programming delivered using internet
    protocol.--
    ``(A) Regulations on closed captioning on video
    programming delivered using internet protocol.--Not
    later than 6 months after the submission of the report
    to the Commission required by subsection (e)(1) of the
    Twenty-First Century Communications and Video
    Accessibility Act of 2010, the Commission shall revise
    its regulations to require the provision of closed
    captioning on video programming delivered using Internet
    protocol that was published or exhibited on television
    with captions after the effective date of such
    regulations.
    ``(B) Schedule.--The regulations prescribed under
    this paragraph shall include an appropriate schedule of
    deadlines for the provision of closed captioning, taking
    into account whether such programming is prerecorded and
    edited for Internet distribution, or whether such
    programming is live or near-live and not edited for
    Internet distribution.
    ``(C) Cost.-- <> The
    Commission may delay or waive the regulation promulgated
    under subparagraph (A) to the extent the Commission
    finds that the application of the regulation to live
    video programming delivered using Internet protocol with
    captions after the effective date of such

    [[Page 2771]]

    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.''.

    [[Page 2772]]

    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,

    [[Page 2773]]

    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

    [[Page 2774]]

    specify the technical standards, protocols, procedures,
    and other technical requirements for meeting this
    requirement;
    ``(2) that if on-screen text menus or other visual
    indicators built in to the digital apparatus are used to
    access the functions of the apparatus described in
    paragraph (1), such functions shall be accompanied by
    audio output that is either integrated or peripheral to
    the apparatus, so that such menus or indicators are
    accessible to and usable by individuals who are blind or
    visually impaired in real-time;
    ``(3) that for such apparatus equipped with the
    functions described in paragraphs (1) and (2) built in
    access to those closed captioning and video description
    features through a mechanism that is reasonably
    comparable to a button, key, or icon designated by
    activating the closed captioning or accessibility
    features; and
    ``(4) that in applying this subsection the term
    `apparatus' does not include a navigation device, as
    such term is defined in section 76.1200 of the
    Commission's rules (47 CFR 76.1200).''.

    (b) Implementing Regulations.-- <> Within 18 months after the submission to the Commission of the
    Advisory Committee report required by section 201(e)(2), the Commission
    shall prescribe such regulations as are necessary to implement the
    amendments made by subsection (a).

    (c) <>  Alternate Means of Compliance.--An
    entity may meet the requirements of section 303(aa) of the
    Communications Act of 1934 through alternate means than those prescribed
    by regulations pursuant to subsection (b) if the requirements of those
    sections are met, as determined by the Commission.

    (d) <>  Deferral of Compliance with ATSC
    Mobile DTV Standard A/153.-- <> A digital apparatus designed and manufactured to receive
    or play back the Advanced Television Systems Committee's Mobile DTV
    Standards A/153 shall not be required to meet the requirements of the
    regulations prescribed under subsection (b) for a period of not less
    than 24 months after the date on which the final regulations are
    published in the Federal Register.

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

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

    [[Page 2775]]

    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).

    [[Page 2776]]

    (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).

    Approved October 8, 2010.

    LEGISLATIVE HISTORY--S. 3304:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Aug. 5, considered and passed Senate.
    Sept. 28, considered and passed House.