H.R. 3101 — Twenty-First Century Communications and Video Accessibility Act of 2010

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3101 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3101

 To ensure that individuals with disabilities have access to emerging 
      Internet Protocol-based communication and video programming 
                   technologies in the 21st century.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2009

 Mr. Markey of Massachusetts introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To ensure that individuals with disabilities have access to emerging 
      Internet Protocol-based communication and video programming 
                   technologies in the 21st century.

    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 2009''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
                     TITLE I--COMMUNICATIONS ACCESS

Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to Internet-based services and equipment.
Sec. 105. Universal service.
Sec. 106. Emergency access and real-time text support.
Sec. 107. Internet access service interface.
                      TITLE II--VIDEO PROGRAMMING

Sec. 201. Commission inquiry on closed captioning decoder and video 
                            description capability, user interfaces, 
                            and video programming guides and menus.
Sec. 202. Closed captioning decoder and video description capability.
Sec. 203. Video description and closed captioning.
Sec. 204. User interfaces regulations.
Sec. 205. Access to video programming guides and menus.

                     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) Disability.--The term `disability' has the meaning 
        given such term under section 3(2)(A) of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), as such 
        section may be amended from time to time.
            ``(54) Interconnected voip service.--The term 
        `interconnected VoIP service' has the meaning given such term 
        by section 9.3 of the Commission's rules (47 C.F.R. 9.3).
            ``(55) Advanced communications.--The term `advanced 
        communications' means--
                    ``(A) interconnected VoIP service;
                    ``(B) non-interconnected VoIP service;
                    ``(C) electronic messaging; and
                    ``(D) video conferencing.
            ``(56) 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.
            ``(57) Electronic messaging.--The term `electronic 
        messaging' means a service that provides non-voice messages in 
        text form between persons over communications networks.
            ``(58) Internet access equipment.--The term `Internet 
        access equipment' means equipment that is used to combine 
        computer processing, information provision and computer 
        interactivity with data transport, enabling users to run a 
        variety of applications, including e-mail.
            ``(59) Internet access service.--The term `Internet access 
        service' means a service that combines computer processing, 
        information provision, and computer interactivity with data 
        transport, enabling end users to access the Internet and use a 
        variety of applications, including e-mail.
            ``(60) Video conferencing.--The term `video conferencing' 
        means a service that provides real-time video communications, 
        including audio, to enable users to share information of the 
        user's choosing.
            ``(61) Consumer generated media.--The term `consumer 
        generated media' means posts or content made by consumers to 
        online sites and venues on the Internet, including video, 
        audio, and multimedia content created by such consumers.''; 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.--Section 710(b)(1) of the 
Communications Act of 1934 (47 U.S.C. 610(b)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by inserting ``and'' after the comma at the end of 
        subparagraph (B); and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) to the extent technologically feasible, all 
                customer premises equipment used to provide advanced 
                communications that provides voice communication via a 
                built-in speaker (typically held to the ear) and that 
                are manufactured in the United States (other than for 
                export) more than one year after the date of enactment 
                of the Twenty-first Century Communications and Video 
                Accessibility Act of 2009, or are shipped in interstate 
                commerce in the United States more than one year after 
                such date,''.
    (b) Technical Standards.--Section 710(c) of the Communications Act 
of 1934 (47 U.S.C. 610(c)) is amended by adding at the end the 
following: ``A telephone or other customer premises equipment that is 
compliant with a relevant technical standard developed through a public 
participation process will be deemed compatible with this section if 
such standard has been reviewed and approved by national organizations 
representing consumers who will be using such telephone or equipment, 
until such times as the Commission may deem otherwise. The Commission 
shall consult with the public, including people with hearing loss, in 
establishing or approving such technical standards. The Commission may 
delegate this authority to an employee pursuant to section 5(c). The 
Commission shall designate the national consumer organizations for 
purposes of this section and shall remain the final arbiter as to 
whether the standard meets the requirements of this section.''

SEC. 103. RELAY SERVICES.

    (a) Definition.--Paragraph (3) of section 225(a) of the 
Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as 
follows:
            ``(3) Telecommunications relay services.--The term 
        `telecommunications relay services' means telephone 
        transmission that provides the ability for an individual who is 
        deaf, hard of hearing, deaf-blind, or who has a speech 
        disability to engage in communication by wire or radio with 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 
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 2009, 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 
64.404(c)(5)(iii) of the Commission's regulations (47 C.F.R. 
64.404(c)(5)(iii)), as in effect on the date of enactment of such Act, 
in a manner prescribed by the Commission by regulation to provide for 
obligations of such providers that are consistent with and comparable 
to the obligations of other contributors to such Fund.''.

SEC. 104. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

    (a) Title VII Amendment.--Title VII of the Communications Act of 
1934 (47 U.S.C. 601 et seq.) is amended by inserting after section 715 
(as added by section 103 of this Act) the following new sections:

``SEC. 716. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

    ``(a) Manufacturing.--With respect to equipment manufactured after 
the effective date of the regulations established pursuant to 
subsection (e), and subject to those regulations, a manufacturer of 
equipment used for advanced communications, including end user 
equipment, network equipment, and software, shall ensure that the 
equipment and software that such manufacturer designs, develops, and 
fabricates shall be accessible to and usable by individuals with 
disabilities, unless the requirement of this subsection would result in 
an undue burden.
    ``(b) Service Providers.--With respect to services provided after 
the effective date of the regulations established pursuant to 
subsection (e), and subject to those regulations, a provider of 
advanced communications shall ensure that services offered by such 
provider are accessible to and usable by individuals with disabilities, 
unless the requirement of this subsection would result in an undue 
burden.
    ``(c) Compatibility.--Whenever the requirements of subsections (a) 
and (b) constitute an undue burden, 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 would result in an undue burden.
    ``(d) Network Features, Functions, and Capabilities.--Each provider 
of advanced communications has the duty not to install network 
features, functions, or capabilities that do not comply with the 
regulations established pursuant to this section.
    ``(e) Regulations.--Within one year after the date of enactment of 
the Twenty-first Century Communications and Video Accessibility Act of 
2009, the Commission shall prescribe such regulations as are necessary 
to implement this section. In prescribing the regulations, the 
Commission shall--
            ``(1) include standards to ensure the accessibility, 
        usability, and compatibility of advanced communications and the 
        equipment used for advanced communications by individuals with 
        disabilities; and
            ``(2) provide that advanced communications, the equipment 
        used for advanced communications, and advanced communications 
        service networks used to provide such advanced communications 
        may not impair or impede the accessibility of information 
        content when accessibility has been incorporated into that 
        content for transmission through advanced communications, 
        equipment used for advanced communications, or advanced 
        communications service networks.
    ``(f) Services and Equipment Subject to Section 255.--The 
requirements of this section shall not apply to any equipment or 
services, including interconnected VoIP service, that are subject to 
the requirements of section 255 on the date of enactment of the Twenty-
first Century Communications and Video Accessibility Act of 2009. Such 
services and equipment shall remain subject to the requirements of 
section 255.
    ``(g) Definition.--For purposes of the Twenty-first Century 
Communications and Video Accessibility Act of 2009, the term `undue 
burden' means significant difficulty or expense. In determining whether 
the requirements of any provision of this section would result in an 
undue burden, the factors to be considered include--
            ``(1) the nature and cost of the steps required to develop 
        and manufacture the product in question;
            ``(2) the impact on the operation of the manufacturer or 
        provider;
            ``(3) the financial resources of the manufacturer or 
        provider; and
            ``(4) the type of operations of the manufacturer or 
        provider.

``SEC. 717. ENFORCEMENT AND REPORTING 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 2009, the Commission shall establish 
regulations that facilitate the filing of complaints that allege a 
violation of section 255, 716, 718, or 719, establish formal and 
informal procedures for enforcement actions by the Commission with 
respect to such violations, and implement the reporting obligations of 
paragraph (6) 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, 718, or 719.
            ``(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, 718, or 719.
            ``(3) Complaints to the commission.--Any person alleging a 
        violation of section 255, 716, 718, or 719 by a manufacturer of 
        equipment or provider of service subject to such sections may 
        file a complaint with the Commission. The Commission shall 
        investigate the allegations in such complaint and issue a final 
        order concluding the investigation within 180 days of the date 
        on which such complaint was filed with the Commission, unless 
        such complaint is resolved before such time. The Commission may 
        consolidate for investigation and resolution complaints 
        alleging substantially the same violation by the same 
        manufacturer or provider. Such final order shall include a 
        determination as to whether any violation has occurred and, if 
        the Commission determines that a violation has occurred, 
        address the manner in which the manufacturer or service 
        provider will achieve accessibility, compatibility, or 
        usability required by section 255, 716, 718, or 719. If a 
        determination is made that a violation has not occurred, the 
        Commission shall provide the basis for such determination, 
        including the basis for determining that an accessibility 
        feature requested is not readily achievable under section 255 
        or will create an undue burden under section 716, 718, or 719.
            ``(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 the opportunity to 
        respond to such complaint, and may include in such response any 
        factors that it deems relevant to such determination and any 
        available alternatives that might constitute an effective 
        substitute for the equipment or service that is the subject of 
        such complaint.
            ``(5) Cease and desist orders.--If the Commission's 
        investigation pursuant to paragraph (3) determines that a 
        manufacturer of equipment or provider of service is engaged in 
        an act prohibited by section 255, 716, 718, or 719, or is 
        failing to perform any act required by section 255, 716, 718, 
        or 719, the Commission shall have the authority to order such 
        manufacturer or provider to cease from violating such section.
            ``(6) Reporting.--(A) Each manufacturer of equipment used 
        for advanced communications and each provider of advanced 
        communications shall--
                    ``(i) file a report with the Commission, on an 
                annual basis, that describes the steps that have been 
                taken by such manufacturer or provider during the 
                preceding year to implement sections 255 and 716, 
                including--
                            ``(I) information about the manufacturer's 
                        or provider's efforts to consult with people 
                        with disabilities;
                            ``(II) descriptions of the accessibility 
                        features of its products and services; and
                            ``(III) information about the compatibility 
                        of their products and services with peripheral 
                        devices or specialized customer premise 
                        equipment commonly used by people with 
                        disabilities to achieve access; and
                    ``(ii) maintain, in the ordinary course of 
                business, records of the efforts taken by such 
                manufacturer or provider to implement sections 255 and 
                716.
            ``(B) The report required by subparagraph (A) shall be 
        submitted to the Commission through the use of a compliance 
        report form, to be established by the Commission, that is 
        comparable to the structure of the form that is used to monitor 
        and report on the progress of the implementation of the 
        Commission's hearing aid compatibility requirements established 
        in WT Docket No. 01-309.
            ``(7) 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 an 
        appropriate Federal district court to compel the Commission to 
        carry out any such responsibility.
            ``(8) Commission jurisdiction.--The limitations of section 
        255(f) shall apply to any claim that alleges a violation of 
        section 255, 716, 718, or 719. Nothing in this paragraph 
        affects or limits any action for mandamus under paragraph (7) 
        or any appeal pursuant to section 402(b)(10).
            ``(9) 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.--Every two years after the date of 
enactment of the Twenty-first Century Communications and Video 
Accessibility Act of 2009, the Commission shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House of Representatives 
that assesses the level of compliance with section 255 or 716 and 
evaluates the extent to which any accessibility barriers still exist 
with respect to new technologies. Such report shall include--
            ``(1) the number and nature of complaints received pursuant 
        to subsection (a) during the two years that are the subject of 
        the report;
            ``(2) actions taken to resolve such complaints under this 
        section, including cease and desist orders issued and 
        forfeiture penalties assessed;
            ``(3) the length of time that was taken by the Commission 
        to resolve each such complaint; and
            ``(4) the number, status, nature, and outcome of any 
        actions for mandamus filed pursuant to subsection (a)(7) and 
        the number, status, nature, and outcome of any appeals filed 
        pursuant to section 402(b)(10).
    ``(c) Comptroller General Enforcement Study.--
            ``(1) In general.--The Comptroller General shall conduct a 
        study to consider and evaluate--
                    ``(A) the Commission's compliance with the 
                requirements of the Twenty-first Century Communications 
                and Video Accessibility Act of 2009, including the 
                Commission's level of compliance with the deadlines 
                (including deadlines for acting on complaints) 
                established in such Act;
                    ``(B) whether the enforcement actions taken by the 
                Commission pursuant to such Act have been appropriate 
                and effective in ensuring compliance with such 
                requirements; and
                    ``(C) whether the enforcement provisions 
                established in such Act are adequate to ensure 
                compliance with such requirements.
            ``(2) Report.--Not later than 5 years after the date of 
        enactment of the Twenty-first Century Communications and Video 
        Accessibility Act of 2009, the Comptroller General shall submit 
        a report to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Energy and Commerce on the results of the study required by 
        paragraph (1), with recommendations for how the enforcement 
        process and measures with respect to such Act 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 2009, the Commission shall, in consultation with the Architectural 
and Transportation Barriers Compliance Board, the National 
Telecommunications and Information Administration, trade associations, 
and organizations representing individuals with disabilities, establish 
a clearinghouse of information on the availability of accessible 
products and services and accessibility solutions required under 
sections 255 and 716. Such information shall be made publicly available 
on the Commission's website and by other means, and shall include an 
annually updated list of products and services with access features.
    ``(e) Outreach and Education.--Within one year after the date of 
enactment of the Twenty-first Century Communications and Video 
Accessibility Act of 2009, the Commission, in coordination with the 
National Telecommunications and Information Administration, shall 
conduct an informational and educational program designed to inform the 
public about the availability of the clearinghouse, and the protections 
and remedies available under sections 255 and 716.''.
    (b) Title V Amendments.--Section 503(b)(2) of such Act (47 U.S.C. 
503(b)(2)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following:
                    ``(C) If the violator is a manufacturer of 
                telecommunications equipment, a manufacturer of 
                equipment used for advanced communications, or a 
                provider of advanced communications, who is subject to 
                the requirements of section 255, 716, 718, or 719, and 
                who is determined by the Commission to have violated 
                any such requirement, the manufacturer of 
                telecommunications equipment, the manufacturer of 
                equipment used for advanced communications, or the 
                provider of advanced communications shall be liable to 
                the United States for a forfeiture penalty. The amount 
                of any penalty determined under this paragraph shall 
                not exceed $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.''; 
                and
            (3) in subparagraph (D) (as so redesignated by paragraph 
        (1) of this subsection), by striking ``subparagraphs (A) or 
        (B)'' and inserting ``subparagraphs (A), (B), or (C)''.
    (c) Review of Commission Determinations.--Section 402(b) of such 
Act (47 U.S.C. 402(b)) is amended by adding the following new 
paragraph:
            ``(10) By any person who is aggrieved or whose interests 
        are adversely affected by a determination made by the 
        Commission under section 717(a)(3).''.

SEC. 105. UNIVERSAL SERVICE.

    (a) Consumers With Disabilities.--Section 254(c) of the 
Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the 
end the following new paragraph:
            ``(4) Individuals with disabilities.--Notwithstanding 
        subsection (j), the Commission shall authorize Lifeline and 
        Link-Up assistance programs and other Federal universal service 
        support mechanisms to be used for those telecommunications 
        services, Internet access services, and advanced communications 
        that are needed by individuals with disabilities, who are 
        otherwise qualified for such programs or mechanisms, to engage 
        in communication with one or more other individuals in a manner 
        that is functionally equivalent to the ability of individuals 
        without disabilities to engage in such communication.''.
    (b) Allocation of USF for Services for Individuals With 
Disabilities.--Section 254 of the Communications Act of 1934 (47 U.S.C. 
254) is further amended--
            (1) by redesignating subsections (i) through (l) as 
        subsections (j) through (m), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection:
    ``(i) Individuals Who Are Deaf-blind.--
            ``(1) In general.--Within 6 months after the date of the 
        enactment of the Twenty-first Century Communications and Video 
        Accessibility Act of 2009, the Commission shall establish rules 
        that define as eligible for universal service support those 
        programs that are certified by a State commission or approved 
        by the Commission for the distribution of specialized customer 
        premises equipment designed to make telecommunications service, 
        Internet access services, and advanced communications, 
        including interexchange services and advanced 
        telecommunications and information services, accessible by 
        individuals who are deaf-blind.
            ``(2) Definition.--For the purposes of this subsection, the 
        term `individuals who are deaf-blind' has the same meaning 
        given such term in the Helen Keller National Center Act, as 
        amended by the Rehabilitation Act Amendments of 1992 (29 U.S.C. 
        1905(2)).
            ``(3) Annual amount.--The total amount of universal service 
        support that may be obligated or expended under this subsection 
        for any fiscal year may not exceed $10,000,000.''.

SEC. 106. EMERGENCY ACCESS AND REAL-TIME TEXT SUPPORT.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is further amended by inserting after section 717 (as added by section 
104 of this Act) the following new section:

``SEC. 718. EMERGENCY ACCESS AND REAL-TIME TEXT ADVISORY COMMITTEE.

    ``(a) Establishment.--For the purpose of achieving equal access to 
emergency services by individuals with disabilities, as a part of the 
migration to a national Internet protocol-enabled emergency network, 
not later than 60 days after the date of enactment of the Twenty-first 
Century Communications and Video Accessibility Act of 2009, the 
Chairman of the Commission shall establish an advisory committee, to be 
known as the Emergency Access and Real-Time Text Advisory Committee 
(referred to in this section as the `Advisory Committee').
    ``(b) Membership.--As soon as practicable after the date of 
enactment of the Twenty-first Century Communications and Video 
Accessibility Act of 2009, the Chairman of the Commission shall appoint 
the members of the Advisory Committee, ensuring an equal balance 
between potential real-time text consumers and other stakeholders, and 
designate 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 
        personnel.
            ``(2) Subject matter experts.--Individuals who have the 
        requisite technical knowledge and expertise to serve on the 
        Advisory Committee in the fulfillment of its duties, including 
        representatives of--
                    ``(A) providers of interconnected 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 people 
                with disabilities and senior citizens;
                    ``(D) Federal agencies or departments responsible 
                for the implementation of the Next Generation E 9-1-1 
                system;
                    ``(E) the National Institute of Standards and 
                Technology; and
                    ``(F) other individuals with relevant technical 
                expertise.
            ``(3) Qualified representatives of other stakeholders and 
        interested parties.--Qualified representatives of such other 
        stakeholders and interested and affected parties as the 
        Chairman of the Commission determines appropriate.
    ``(c) Development of Recommendations.--Within six months after the 
completion of the member appointment process by the Chairman of the 
Commission pursuant to subsection (b), the Advisory Committee shall 
develop and submit to the Commission recommendations--
            ``(1) with respect to the definition of real-time text;
            ``(2) with respect to what actions are necessary as a part 
        of the migration to a national Internet protocol-enabled 
        network to achieve reliable, interoperable real-time text 
        communication transmitted over such network that will ensure 
        access to emergency services by people with disabilities;
            ``(3) for protocols, technical capabilities, and technical 
        requirements to ensure reliable, interoperable real-time text 
        communications necessary to ensure access to emergency services 
        by people with disabilities;
            ``(4) for the establishment of technical standards for use 
        by public safety answering points, designated default answering 
        points and local emergency authorities;
            ``(5) for relevant technical standards and requirements for 
        communication devices and equipment and technologies to enable 
        the use of reliable, interoperable real-time text 
        communications;
            ``(6) for procedures to be followed by IP-enabled network 
        providers to ensure that such providers do not install 
        features, functions or capabilities that would conflict with 
        technical standards; and
            ``(7) for deadlines by which providers of interconnected 
        and non-interconnected VoIP services and manufacturers of 
        equipment used for such services shall achieve the actions 
        required in paragraphs (1) through (6), and for the possible 
        phase out of the use of current-generation TTY technology to 
        the extent that this technology is replaced with real-time 
        text.
    ``(d) Meetings.--
            ``(1) Initial meeting.--The initial meeting of the Advisory 
        Committee shall take place not later than 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 deemed necessary.
            ``(3) Additional rules.--The Advisory Committee may adopt 
        other rules as needed.
    ``(f) Federal Advisory Committee Act.--Neither the Federal Advisory 
Committee Act (5 U.S.C. App.) nor any rule, order, or regulation 
promulgated under that Act shall apply to the Advisory Committee.
    ``(g) Implementing Recommendations.--The Commission shall have the 
authority to promulgate regulations to implement the recommendations 
proposed by the Advisory Committee, as well as any other regulations, 
technical standards, protocols, and procedures as are necessary to 
achieve reliable, interoperable real-time text communication that 
ensures access by people with disabilities to an Internet protocol-
enabled emergency network.''.

SEC. 107. INTERNET ACCESS SERVICE INTERFACE.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is further amended by adding after section 718 (as added by section 106 
of this Act) the following new section:

``SEC. 719. INTERNET ACCESS SERVICE USER INTERFACE.

    ``Every provider of Internet access service and every manufacturer 
of Internet access equipment shall, unless it would result in an undue 
burden, make user interfaces for such service and equipment accessible 
to individuals with disabilities, including those interfaces used to 
initiate, monitor, and control such service.''.

                      TITLE II--VIDEO PROGRAMMING

SEC. 201. COMMISSION INQUIRY ON CLOSED CAPTIONING DECODER AND VIDEO 
              DESCRIPTION CAPABILITY, USER INTERFACES, AND VIDEO 
              PROGRAMMING GUIDES AND MENUS.

    (a) Inquiry Required.--The Federal Communications Commission shall 
conduct an inquiry on the following subjects:
            (1) Closed-captioning decoder and video description 
        capability.--With respect to closed captioning decoder and 
        video description capability, the Federal Communications 
        Commission shall--
                    (A) describe--
                            (i) the formats and software commonly used 
                        by video programming providers or owners for 
                        exhibition on new technologies, including those 
                        using the Internet protocol (or a successor 
                        protocol) and digital wireless services; and
                            (ii) the related technical issues 
                        associated with the implementation of closed 
                        captioning and video description by means of 
                        such new technologies;
                    (B) describe the technical standards, protocols, 
                and procedures needed for the transmission of closed 
                captioning and video description by means of services 
                using the Internet protocol (or a successor protocol) 
                and digital wireless services and equipment; and
                    (C) describe--
                            (i) technical standards, protocols, and 
                        procedures needed to enable video programming 
                        providers and owners to transmit emergency 
                        information in a manner that is accessible to 
                        individuals who are blind or visually impaired; 
                        and
                            (ii) the persons or parties obligated to 
                        create, receive, and transmit such emergency 
                        information in accordance with such standards, 
                        protocols, and procedures.
            (2) User interfaces.--With respect to user interfaces, the 
        Federal Communications Commission shall--
                    (A) describe the technical standards, protocols, 
                and procedures needed to enable apparatus designed to 
                receive or display video programming transmitted 
                simultaneously with sound (including apparatus designed 
                to receive or display video programming transmitted by 
                means of services using the Internet protocol or 
                successor protocol) to be capable of making the 
                apparatus functions, necessary for the receipt, 
                display, navigation, or selection of video programming 
                (and any other functions shared by, related to, or 
                necessary to access such apparatus functions), 
                accessible to and usable by individuals with 
                disabilities; and
                    (B) describe the technical standards, protocols, 
                and procedures needed to enable on-screen text menus 
                and other visual indicators used to access the 
                functions described in subparagraph (A) to be 
                accompanied by audio output so that such menus or 
                indicators are accessible to and usable by individuals 
                who are blind or visually impaired.
            (3) Video programming guides and menus.--With respect to 
        video programming guides and menus, the Federal Communications 
        Commission shall describe the technical standards, protocols, 
        and procedures needed to enable video programming information 
        and selection provided by means of a navigational device, 
        guide, or menu to be accessible in real-time by individuals 
        with disabilities who are unable to read the visual display.
    (b) Report on Inquiry.--Within 18 months after the date of 
enactment of this Act, the Federal Communications Commission shall 
submit to the Congress a report on the results of such inquiry.
    (c) Definitions.--For purposes of this section, the terms ``video 
description'' and ``video programming'' have the meanings provided by 
section 713(g) of the Communications Act of 1934 (47 U.S.C. 613(g)).

SEC. 202. CLOSED CAPTIONING DECODER AND VIDEO DESCRIPTION CAPABILITY.

    (a) Authority To Regulate.--Section 303(u) of the Communications 
Act of 1934 (47 U.S.C. 303(u)) is amended to read as follows:
            ``(u) Require that apparatus designed to receive or play 
        back video programming (as such term is defined in section 
        713(g)) transmitted simultaneously with sound, when such 
        apparatus is manufactured in the United States or imported for 
        use in the United States and uses a picture screen that is 13 
        inches or greater in size--
                    ``(1) be equipped with built-in closed caption 
                decoder circuitry or capability designed to display 
                closed-captioned video programming;
                    ``(2) have the capability to make available the 
                transmission and delivery of video description services 
                as required by section 713(f); and
                    ``(3) have the capability to convey emergency 
                information (as that term is defined in section 79.2 of 
                the Commission's regulations (47 C.F.R. 79.2)) in a 
                manner that is accessible to individuals who are blind 
                or visually impaired.''.
    (b) Other Devices.--Section 303 of the Communications Act of 1934 
(47 U.S.C. 303) is further amended--
            (1) by redesignating subsections (v) through (y) as 
        subsections (y) through (bb), respectively; and
            (2) by inserting after subsection (u) the following new 
        subsections:
            ``(v) Require, after inquiry, that apparatus designed to 
        receive or play back video programming (as such term is defined 
        in section 713(g)) transmitted simultaneously with sound, when 
        such apparatus is manufactured in the United States or imported 
        for use in the United States and uses a picture screen that is 
        less than 13 inches in size--
                    ``(1) be equipped with built-in closed caption 
                decoder circuitry or capability designed to display 
                closed-captioned video programming;
                    ``(2) have the capability to make available the 
                transmission and delivery of video description services 
                as required by section 713(f); and
                    ``(3) have the capability to convey emergency 
                information (as that term is defined in section 79.2 of 
                the Commission's regulations (47 C.F.R. 79.2)), in a 
                manner that is accessible to individuals who are blind 
                or visually impaired.
            ``(w) Require, after inquiry, that apparatus manufactured 
        in the United States or imported for use in the United States 
        that is designed to record video programming (as such term is 
        defined in section 713(g)) transmitted simultaneously with 
        sound, retain and permit the pass through of closed captions 
        and video description signals such that viewers will be able to 
        activate and deactivate the closed captions and video 
        description when the video programming is played back on a 
        picture screen of any size. Interconnection mechanisms and 
        standards for digital video source devices must be able to 
        carry program related accessibility data for people with 
        disabilities from the source device to the consumer equipment 
        so that the consumer is able to display closed captions and 
        make encoded video description audible.
            ``(x) Exempt from requirements of subsections (u) and (v) 
        any apparatus or class of apparatuses that are display-only 
        video monitors, with no playback capability and shall have the 
        authority to waive the requirements of such subsections for any 
        apparatus or class of apparatuses.''.
    (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), (v), and (w)'';
            (2) by striking the second sentence and inserting the 
        following: ``Such rules shall provide performance and display 
        standards for such built-in decoder circuitry or capability 
        designed to display closed captioned video programming, the 
        transmission and delivery of video description services and the 
        conveyance of emergency information as required by section 303 
        of this Act,''; and
            (3) in the fourth sentence, by inserting ``and video 
        description service'' after ``closed-captioning service''.
    (d) Implementing Regulations.--The Federal Communications 
Commission shall prescribe such regulations as are necessary to 
implement the requirements of this section, including any technical 
standards, protocols, and procedures needed for the transmission of 
closed captioning, video description and emergency information, within 
12 months after the submission of the report to Congress required by 
section 201(b) of this Act.

SEC. 203. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

    (a) Video Description.--Section 713 of the Communications Act of 
1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and 
inserting the following:
    ``(f) Video Description.--
            ``(1) Reinstatement of rules.--The video description 
        regulations of the Commission contained in the report and order 
        identified as Implementation of Video Description of Video 
        Programming, Report and Order (15 F.C.C.R. 15,230 (2000)), when 
        such rules are republished and refreshed pursuant to paragraph 
        (2), shall--
                    ``(A) be considered to be in full force and effect 
                and ratified by law; and
                    ``(B) apply to video programming (as such term is 
                defined in subsection (g)) that is first published or 
                exhibited after the date of enactment of the Twenty-
                first Century Communications and Video Accessibility 
                Act of 2009.
            ``(2) Continuing authority of the commission.--The 
        Commission shall--
                    ``(A) within 45 days after the date of enactment of 
                the Twenty-first Century Communications and Video 
                Accessibility Act of 2009--
                            ``(i) publish and refresh its video 
                        description regulations contained in the report 
                        and order identified as Implementation of Video 
                        Description of Video Programming, Report and 
                        Order (15 F.C.C.R. 15,230 (2000)) in a manner 
                        that provides the same or an improved level of 
                        video description service; and
                            ``(ii) apply the requirements of such 
                        report and order to owners of and providers of 
                        video programming (as such term is defined in 
                        subsection (g));
                    ``(B) initiate a proceeding, to be completed within 
                12 months after the submission of the report to 
                Congress required by section 201(b) of the Twenty-first 
                Century Communications and Video Accessibility Act of 
                2009 to--
                            ``(i) identify methods to convey emergency 
                        information (as that term is defined in section 
                        79.2 of the Commission's regulations (47 C.F.R. 
                        79.2)) in a manner accessible to individuals 
                        who are blind or visually impaired; and
                            ``(ii) promulgate regulations that require 
                        video programming providers and video 
                        programming distributors (as those terms are 
                        defined in section 79.1 of the Commission's 
                        regulations (47 C.F.R. 79.1)) and owners of 
                        video programming to convey such emergency 
                        information in a manner accessible to 
                        individuals who are blind or visually impaired, 
                        consistent with the requirements of such 
                        section of such regulations; and
                    ``(C) promulgate any other regulation that the 
                Commission may find necessary to implement, enforce, or 
                otherwise carry out the provisions of this section, 
                including regulations to increase the amount of video 
                description required to achieve full access to video 
                programming for individuals who are blind or visually 
                impaired.
            ``(3) Requirements for rules.--
                    ``(A) The regulations described in paragraph (1) 
                and republished and refreshed, or otherwise increased 
                or enhanced, pursuant to subparagraphs (A) or (C) of 
                paragraph (2) shall include an appropriate schedule of 
                deadlines for the provision of video description of 
                video programming.
                    ``(B) Such regulations may permit a provider of 
                video programming or program owner to petition the 
                Commission for an exemption from the requirements of 
                this section upon a showing that the requirements 
                contained in this section would result in an undue 
                burden (as defined in subsection (e)). A provider shall 
                be exempt from such requirements only after the 
                Commission decides to grant any such petition.
                    ``(C) The Commission may exempt from the 
                regulations established pursuant to paragraph (2)(C) 
                services, classes of services, programs, classes of 
                programs, equipment, or classes of equipment for which 
                the Commission has determined that the application of 
                such regulations would be economically burdensome to 
                the providers of such services.
    ``(g) Definitions.--For purposes of this section:
            ``(1) Video description.--The term `video description' 
        means the insertion of audio narrated descriptions of the video 
        programming's key visual elements into natural pauses between 
        the program's dialogue.
            ``(2) Video programming.--The term `video programming' 
        means programming provided by, or generally considered 
        comparable to programming provided by, a television broadcast 
        station, even if such programming is distributed over the 
        Internet or by some other means.''.
    (b) Closed Captioning on Video Programming Distributed Over the 
Internet.--Section 713 of 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.
            ``(2) Deadlines for internet-distributed programming.--
                    ``(A) Within 12 months after the submission of the 
                report to Congress required by section 201(b) of the 
                Twenty-first Century Communications and Video 
                Accessibility Act of 2009, the Commission shall 
                prescribe regulations that include an appropriate 
                schedule of deadlines for the provision of closed 
                captioning of video programming distributed to the 
                public over the Internet.
                    ``(B) Consistent with the regulations promulgated 
                under subsection (b), the regulations prescribed under 
                this paragraph shall ensure the accessibility of video 
                programming, except for consumer generated media, 
                through the provision of captions on--
                            ``(i) preproduced video programming that 
                        was previously captioned for television 
                        viewing;
                            ``(ii) live video programming; and
                            ``(iii) video programming first published 
                        or exhibited after the effective date of such 
                        regulations provided by or generally considered 
                        to be comparable to programming provided by 
                        multichannel programming distributors.''.
    (c) Conforming Amendment.--Section 713(d) of 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--
                    ``(A) the Commission may grant such petition upon a 
                showing that the requirements contained in this section 
                would result in an undue burden; and
                    ``(B) such exemption shall be effective only after 
                the Commission grants such petition.''.

SEC. 204. USER INTERFACES REGULATIONS.

    (a) Amendment.--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:
            ``(cc)(1) Require, after inquiry--
                            ``(A) that apparatus designed to receive or 
                        play back video programming transmitted 
                        simultaneously with sound, including apparatus 
                        designed to receive or display video 
                        programming transmitted by means of services 
                        using the Internet protocol (or successor 
                        protocol), be designed, developed, and 
                        fabricated so that control of all apparatus 
                        functions enabling the receipt, display, 
                        navigation, or selection of video programming 
                        (and any other functions shared by, related to, 
                        or necessary to access such apparatus 
                        functions), are accessible to and usable by 
                        individuals with disabilities;
                            ``(B) that where on-screen text menus or 
                        other visual indicators are used to access the 
                        functions described in subparagraph (A), such 
                        functions be accompanied by audio output that 
                        is either integrated or peripheral to the 
                        apparatus, so that such menus or indicators are 
                        accessible to and usable by individuals who are 
                        blind or visually impaired in real-time; and
                            ``(C) that user controls need to access 
                        closed captioning and video description, 
                        including--
                                    ``(i) a button, key, or icon on the 
                                remote control of such apparatus (where 
                                a remote control is provided with the 
                                apparatus) designated for activating 
                                the closed caption function; and
                                    ``(ii) the inclusion of `closed 
                                captions' and `video description' on 
                                the first menu that appears when on-
                                screen menus are displayed on such 
                                apparatus.
                    ``(2) For purposes of this subsection, the terms 
                `video description' and `video programming' have the 
                meanings given such terms in section 713(g).''.
    (b) Implementing Regulations.--Within 12 months after the 
submission of the report to Congress required by section 201(b) of this 
Act, the Federal Communications Commission shall prescribe such 
regulations as are necessary to implement the amendments made by 
subsection (a).

SEC. 205. ACCESS TO VIDEO PROGRAMMING GUIDES AND MENUS.

    (a) Amendment.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding after subsection (cc), as 
added by section 204 of this Act, the following new subsection:
            ``(dd) Require each provider or owner of video programming 
        (as such term is defined in section 713(g)), with the exception 
        of consumer generated media, and each multichannel programming 
        distributor to ensure that video programming information and 
        selection provided by means of a navigational device, guide, or 
        menu is accessible in real-time by individuals with 
        disabilities who are unable to read the visual display.''.
    (b) Implementing Regulations.--Within 12 months after the 
submission of the report to Congress required by section 201(b) of this 
Act, the Federal Communications Commission shall prescribe such 
regulations as are necessary to implement the amendments made by 
subsection (a).
                                 <all>
Twenty-First Century Communications and Video Accessibility Act of 2010

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