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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-563

======================================================================



 
TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010

                                _______
                                

 July 26, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3101]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3101) to ensure that individuals with 
disabilities have access to emerging Internet Protocol-based 
communication and video programming technologies in the 21st 
century, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................    19
Background and Need for Legislation..............................    19
Committee Consideration..........................................    20
Committee Votes..................................................    20
Committee Oversight Findings and Recommendations.................    21
New Budget Authority, Entitlement Authority, and Tax Expenditures    21
Statement of General Performance Goals and Objectives............    21
Constitutional Authority Statement...............................    21
Earmarks and Tax and Tariff Benefits.............................    21
Applicability of Law to Legislative Branch.......................    21
Federal Mandates Statement.......................................    21
Committee Cost Estimate..........................................    22
Congressional Budget Office Cost Estimate........................    22
Section-by-Section Analysis of the Legislation...................    22
Changes in Existing Law Made by the Bill, as Reported............    32

                               Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                     TITLE I--COMMUNICATIONS ACCESS

Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to internet-based services and equipment.
Sec. 105. Emergency Access Advisory Committee.
Sec. 106. Relay services for deaf-blind individuals.

                      TITLE II--VIDEO PROGRAMMING

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

SEC. 2. LIMITATION ON LIABILITY.

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

SEC. 3. PROPRIETARY TECHNOLOGY.

  No action taken by the Commission to implement the requirements of 
this Act or the amendments made by this Act shall mandate the use or 
incorporation of proprietary technology.

                     TITLE I--COMMUNICATIONS ACCESS

SEC. 101. DEFINITIONS.

   Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
amended--
          (1) by adding at the end the following new paragraphs:
          ``(53) Advanced communications services.--The term `advanced 
        communications services' means--
                  ``(A) interconnected VoIP service;
                  ``(B) non-interconnected VoIP service;
                  ``(C) electronic messaging service; and
                  ``(D) video conferencing service.
          ``(54) Consumer generated media.--The term `consumer 
        generated media' means content created and made available by 
        consumers to web sites, 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 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) Video conferencing service.--The term `video 
        conferencing service' means a service that provides real-time 
        video communications, including audio, to enable users to share 
        information of the user's choosing.''; and
          (2) by reordering paragraphs (1) through (52) and the 
        paragraphs added by paragraph (1) of this section in 
        alphabetical order based on the headings of such paragraphs and 
        renumbering such paragraphs as so reordered.

SEC. 102. HEARING AID COMPATIBILITY.

  (a) Compatibility Requirements.--
          (1) Telephone service for the disabled.--Section 710(b)(1) of 
        the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is amended 
        to read as follows:
  ``(b)(1) Except as provided in paragraphs (2) and (3) and subsection 
(c), the Commission shall require that customer premises equipment 
described in this paragraph provide internal means for effective use 
with hearing aids that are designed to be compatible with telephones 
which meet established technical standards for hearing aid 
compatibility. Customer premises equipment described in this paragraph 
are the following:
          ``(A) All essential telephones.
          ``(B) All telephones manufactured in the United States (other 
        than for export) more than one year after the date of enactment 
        of the Hearing Aid Compatibility Act of 1988 or imported for 
        use in the United States more than one year after such date.
          ``(C) All customer premises equipment used with advanced 
        communications services that is designed to provide 2-way voice 
        communications via a built-in speaker intended to be held to 
        the ear in a manner functionally equivalent to a telephone, 
        subject to the regulations prescribed by the Commission under 
        subsection (e).''.
          (2) Additional amendments.--Section 710(b) of the 
        Communications Act of 1934 (47 U.S.C. 610(b)) is further 
        amended--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A)--
                                  (I) in the matter preceding clause 
                                (i)--
                                          (aa) by striking ``initial'';
                                          (bb) by striking ``of this 
                                        subsection after the date of 
                                        enactment of the Hearing Aid 
                                        Compatibility Act of 1988''; 
                                        and
                                          (cc) by striking ``paragraph 
                                        (1)(B) of this subsection'' and 
                                        inserting ``subparagraphs (B) 
                                        and (C) of paragraph (1)'';
                                  (II) by inserting ``and'' at the end 
                                of clause (ii);
                                  (III) by striking clause (iii); and
                                  (IV) by redesignating clause (iv) as 
                                clause (iii);
                          (ii) by striking subparagraph (B) and 
                        redesignating subparagraph (C) as subparagraph 
                        (B); and
                          (iii) in subparagraph (B) (as so 
                        redesignated)--
                                  (I) by striking the first sentence 
                                and inserting ``The Commission shall 
                                periodically assess the appropriateness 
                                of continuing in effect the exemptions 
                                for telephones and other customer 
                                premises equipment described in 
                                subparagraph (A) of this paragraph.''; 
                                and
                                  (II) in each of clauses (iii) and 
                                (iv), by striking ``paragraph (1)(B)'' 
                                and inserting ``subparagraph (B) or (C) 
                                of paragraph (1)'';
                  (B) in paragraph (4)(B)--
                          (i) by striking ``public mobile'' and 
                        inserting ``telephones used with public 
                        mobile'';
                          (ii) by inserting ``telephones and other 
                        customer premises equipment used in whole or in 
                        part with'' after ``means'';
                          (iii) by striking ``and'' after ``public land 
                        mobile telephone service,'' and inserting 
                        ``or'';
                          (iv) by striking ``part 22 of''; and
                          (v) by inserting after ``Regulations'' the 
                        following: ``, or any functionally equivalent 
                        unlicensed wireless services''; and
                  (C) in paragraph (4)(C)--
                          (i) by striking ``term `private radio 
                        services''' and inserting ``term `telephones 
                        used with private radio services'''; and
                          (ii) by inserting ``telephones and other 
                        customer premises equipment used in whole or in 
                        part with'' after ``means''.
  (b) Technical Standards.--Section 710(c) of the Communications Act of 
1934 (47 U.S.C. 610(c)) is amended by adding at the end the following: 
``A telephone or other customer premises equipment that is compliant 
with relevant technical standards developed through a public 
participation process and in consultation with interested consumer 
stakeholders (designated by the Commission for the purposes of this 
section) will be considered hearing aid compatible for purposes of this 
section, until such time as the Commission may determine otherwise. The 
Commission shall consult with the public, including people with hearing 
loss, in establishing or approving such technical standards. The 
Commission may delegate this authority to an employee pursuant to 
section 5(c). The Commission shall remain the final arbiter as to 
whether the standards meet the requirements of this section.''.
  (c) Rulemaking.--Section 710(e) of the Communications Act of 1934 (47 
U.S.C. 610(e)) is amended--
          (1) by striking ``impairments'' and inserting ``loss''; and
          (2) by adding at the end the following sentence: ``In 
        implementing the provisions of subsection (b)(1)(C), the 
        Commission shall use appropriate timetables or benchmarks to 
        the extent necessary (1) due to technical feasibility, or (2) 
        to ensure the marketability or availability of new technologies 
        to users.''.
  (d) Rule of Construction.--Section 710(h) of the Communications Act 
of 1934 (47 U.S.C. 610(h)) is amended to read as follows:
  ``(h) Rule of Construction.--Nothing in the Twenty-First Century 
Communications and Video Accessibility Act of 2010 shall be construed 
to modify the Commission's regulations set forth in section 20.19 of 
title 47 of the Code of Federal Regulations, as in effect on the date 
of enactment of such Act.''.

SEC. 103. RELAY SERVICES.

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

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

  ``Within one year after the date of enactment of the Twenty-First 
Century Communications and Video Accessibility Act of 2010, each 
interconnected VoIP service provider and each provider of non-
interconnected VoIP service shall participate in and contribute to the 
Telecommunications Relay Services Fund established in section 
64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in 
effect on the date of enactment of such Act, in a manner prescribed by 
the Commission by regulation to provide for obligations of such 
providers that are consistent with and comparable to the obligations of 
other contributors to such Fund.''.
  (c) Telecommunications Relay Services Policy Advisory Council.--
Section 225 of the Communications Act of 1934 (47 U.S.C. 225) is 
amended by adding at the end the following new subsection:
  ``(h) Telecommunications Relay Services Policy Advisory Council.--
          ``(1) In general.--Not later than 6 months after the date of 
        enactment of the Twenty-First Century Communications and Video 
        Accessibility Act of 2010, the Chairman of the Commission shall 
        establish an advisory committee to be known as the 
        Telecommunications Relay Services Policy Advisory Council (in 
        this section referred to as the `Policy Advisory Council') and 
        shall require the Policy Advisory Council--
                  ``(A) to conduct their meetings in a manner that is 
                open to the public;
                  ``(B) to make a complete and comprehensive record of 
                such proceedings publicly available;
                  ``(C) to establish safeguards to identify and 
                mitigate conflicts of interest with respect to members 
                of the Policy Advisory Council; and
                  ``(D) to advise the Commission in the development or 
                proposal of any major changes or new rules relating to 
                telecommunications relay services;
          ``(2) Membership.--As soon as practicable after the date of 
        enactment of the Twenty-First Century Communications and Video 
        Accessibility Act of 2010, the Chairman of the Commission shall 
        appoint the members of the Policy Advisory Council, ensuring a 
        balance between potential consumers and other stakeholders. 
        Members of the Policy Advisory Council shall be selected from 
        each of the following groups:
                  ``(A) Individuals who are consumers of 
                telecommunications relay services.
                  ``(B) Representatives of State commissions with 
                jurisdiction over intrastate telecommunications relay 
                services.
                  ``(C) Representatives of providers of 
                telecommunications relay services.
          ``(3) Collection and dissemination of information and 
        advice.--The Commission--
                  ``(A) shall seek the advice of the Policy Advisory 
                Council in assisting the Commission in developing or 
                proposing any major changes or issuing any new rules 
                relating to telecommunications relay services; and
                  ``(B) shall, with the advice of the Policy Advisory 
                Council, make all regulations, rules, and orders 
                relating to telecommunications relay services fully and 
                easily accessible to consumers of such services.''.
  (d) Followup Proceeding.--Section 225 of the Communications Act of 
1934 (47 U.S.C. 225), as amended by subsection (c), is further amended 
by adding after subsection (h) the following new subsection:
  ``(i) Followup Proceeding.--
          ``(1) In general.--Not later than 30 months after the date of 
        enactment of the Twenty-First Century Communications and Video 
        Accessibility Act of 2010, the Commission, in consultation with 
        all relevant Federal agencies, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report--
                  ``(A) concerning how the Commission is ensuring that 
                telecommunications relay service customers have access 
                to improved technologies, interoperability, and 
                functionalities; and
                  ``(B) identifying impediments to the broad and 
                efficient use of telecommunications relay services in 
                the workplace.
          ``(2) Suggestions for workplace adoption.--The Commission 
        shall develop suggestions to facilitate broader and more 
        efficient use of telecommunications relay services in the 
        workplace, including suggestions for facilitating the 
        replacement of outdated end-user telecommunications relay 
        services equipment in public places and government offices.''.

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

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

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

  ``(a) Access to Equipment.--
          ``(1) Right to accessible equipment.--With respect to 
        equipment manufactured after the effective date of the 
        regulations established pursuant to this section, and subject 
        to those regulations, a manufacturer of equipment used for 
        advanced communications, including end user equipment, network 
        equipment, and software, shall ensure that such equipment that 
        such manufacturer offers for sale or otherwise distributes in 
        interstate commerce shall be accessible to and usable by 
        individuals with disabilities, unless doing so is not 
        achievable.
          ``(2) Industry flexibility.--A manufacturer of equipment may 
        satisfy the requirements of paragraph (1) with respect to such 
        equipment by--
                  ``(A) ensuring that the equipment that such 
                manufacturer offers is accessible to and usable by 
                individuals with disabilities without the use of third 
                party applications, peripheral devices, software, 
                hardware, or customer premises equipment; or
                  ``(B) if such manufacturer chooses, using third party 
                applications, peripheral devices, software, hardware, 
                or customer premises equipment that is available to the 
                consumer at nominal cost and that individuals with 
                disabilities can access.
  ``(b) Access to Services.--
          ``(1) Right to accessible services.--With respect to advanced 
        communications services offered after the effective date of the 
        regulations established pursuant to this section, and subject 
        to those regulations, a provider of services used for advanced 
        communications shall ensure that such services that such 
        provider offers for sale or otherwise distributes in interstate 
        commerce shall be accessible to and usable by individuals with 
        disabilities, unless doing so is not achievable.
          ``(2) Industry flexibility.--A provider of services may 
        satisfy the requirements of paragraph (1) with respect to such 
        services by--
                  ``(A) ensuring that the services that such provider 
                offers are accessible to and usable by individuals with 
                disabilities without the use of third party 
                applications, peripheral devices, software, hardware, 
                or customer premises equipment; or
                  ``(B) if such provider chooses, using third party 
                applications, peripheral devices, software, hardware, 
                or customer premises equipment that is available to the 
                consumer at nominal cost and that individuals with 
                disabilities can access.
  ``(c) Compatibility.--Whenever the requirements of subsection (a) are 
not achievable for a manufacturer, or the requirements of subsection 
(b) are not achievable for a provider, a manufacturer or provider shall 
ensure that its equipment or service is compatible with peripheral 
devices or specialized customer premises equipment commonly used by 
individuals with disabilities to achieve access, unless the requirement 
of this subsection is not achievable.
  ``(d) Network Features, Functions, and Capabilities.--Each provider 
of advanced communications services has the duty not to install network 
features, functions, or capabilities that impede accessibility or 
usability of advanced communications services.
  ``(e) Regulations.--
          ``(1) In general.--Within one year after the date of 
        enactment of the Twenty-First Century Communications and Video 
        Accessibility Act of 2010, the Commission shall promulgate such 
        regulations as are necessary to implement this section. In 
        prescribing the regulations, the Commission shall--
                  ``(A) include performance objectives to ensure the 
                accessibility, usability, and compatibility of advanced 
                communications services and the equipment used for 
                advanced communications services by individuals with 
                disabilities;
                  ``(B) provide that advanced communications services, 
                the equipment used for advanced communications 
                services, and networks used to provide advanced 
                communications services may not impair or impede the 
                accessibility of information content when accessibility 
                has been incorporated into that content for 
                transmission through advanced communications services, 
                equipment used for advanced communications services, or 
                networks used to provide advanced communications 
                services; and
                  ``(C) determine the obligations under this section of 
                manufacturers, service providers, and providers of 
                applications.
          ``(2) Prospective guidelines.--The Commission shall issue 
        prospective guidelines for a manufacturer or provider regarding 
        the requirements of this section.
  ``(f) Services and Equipment Subject to Section 255.--The 
requirements of this section shall not apply to any equipment or 
services, including interconnected VoIP service, that are subject to 
the requirements of section 255 on the day before the date of enactment 
of the Twenty-First Century Communications and Video Accessibility Act 
of 2010. Such services and equipment shall remain subject to the 
requirements of section 255.
  ``(g) Achievable Defined.--For purposes of this section and section 
717, the term `achievable' means with reasonable effort or expense, as 
determined by the Commission. In determining whether the requirements 
of a provision are achievable, the Commission shall consider the 
following factors:
          ``(1) The nature and cost of the steps needed to meet the 
        requirements of this section with respect to the specific 
        equipment or service in question.
          ``(2) The impact on the operations of the manufacturer or 
        provider and on the operation of the specific equipment or 
        service in question, including on the development and 
        deployment of new communications technologies.
          ``(3) The financial resources of the manufacturer or 
        provider.
          ``(4) The type of operations of the manufacturer or provider.
          ``(5) The extent to which the service provider or 
        manufacturer in question offers accessible services or 
        equipment containing varying degrees of functionality and 
        features, and offered at differing price points.
  ``(h) Commission Flexibility.--
          ``(1) Waiver.--The Commission shall have the authority, on 
        its own motion or in response to a petition by a manufacturer 
        or provider, to waive the requirements of this section for any 
        feature or function of equipment used to provide or access 
        advanced communications services, or for any class of such 
        equipment, that--
                  ``(A) is capable of accessing an advanced 
                communications service; and
                  ``(B) is designed for multiple purposes, but is 
                designed primarily for purposes other than using 
                advanced communications services.
          ``(2) Small entity exemption.--The Commission may exempt 
        small entities from the requirements of this section.
  ``(i) Customized Equipment or Services.--The provisions of this 
section shall not apply to customized equipment or services that are 
not offered directly to the public, or to such classes of users as to 
be effectively available directly to the public, regardless of the 
facilities used.
  ``(j) Rule of Construction.--This section shall not be construed to 
require a manufacturer of equipment used for advanced communications or 
a provider of advanced communications services to make every feature 
and function of every device or service accessible for every 
disability.

``SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS.

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

``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 or 716, and is determined by the Commission to have violated any 
such requirement, the manufacturer or provider shall be liable to the 
United States for a forfeiture penalty of not more than $100,000 for 
each violation or each day of a continuing violation, except that the 
amount assessed for any continuing violation shall not exceed a total 
of $1,000,000 for any single act or failure to act.''.
  (d) Review of Commission Determinations.--Section 402(b) of such Act 
(47 U.S.C. 402(b)) is amended by adding the following new paragraph:
  ``(10) By any person who is aggrieved or whose interests are 
adversely affected by a determination made by the Commission under 
section 717(a)(3).''.

SEC. 105. EMERGENCY ACCESS ADVISORY COMMITTEE.

  (a) Establishment.--For the purpose of achieving equal access to 
emergency services by individuals with disabilities, as a part of the 
migration to a national Internet protocol-enabled emergency network, 
not later than 60 days after the date of enactment of this Act, the 
Chairman of the Commission shall establish an advisory committee, to be 
known as the Emergency Access Advisory Committee (referred to in this 
section as the ``Advisory Committee'').
  (b) Membership.--As soon as practicable after the date of enactment 
of this Act, the Chairman of the Commission shall appoint the members 
of the Advisory Committee, ensuring a balance between individuals with 
disabilities and other stakeholders, and shall designate two such 
members as the co-chairs of the Committee. Members of the Advisory 
Committee shall be selected from the following groups:
          (1) State and local government and emergency responder 
        representatives.--Representatives of State and local 
        governments and representatives of emergency response 
        providers, selected from among individuals nominated by 
        national organizations representing such governments and 
        representatives.
          (2) Subject matter experts.--Individuals who have the 
        technical knowledge and expertise to serve on the Advisory 
        Committee in the fulfillment of its duties, including 
        representatives of--
                  (A) providers of interconnected and non-
                interconnected VoIP services;
                  (B) vendors, developers, and manufacturers of 
                systems, facilities, equipment, and capabilities for 
                the provision of interconnected and non-interconnected 
                VoIP services;
                  (C) national organizations representing individuals 
                with disabilities and senior citizens;
                  (D) Federal agencies or departments responsible for 
                the implementation of the Next Generation E 9-1-1 
                system;
                  (E) the National Institute of Standards and 
                Technology; and
                  (F) other individuals with such technical knowledge 
                and expertise.
          (3) Representatives of other stakeholders and interested 
        parties.--Representatives of such other stakeholders and 
        interested and affected parties as the Chairman of the 
        Commission determines appropriate.
  (c) Development of Recommendations.--Within one year after the 
completion of the member appointment process by the Chairman of the 
Commission pursuant to subsection (b), the Advisory Committee shall 
develop and submit to the Commission recommendations to implement such 
technologies and methods, including recommendations--
          (1) with respect to what actions are necessary as a part of 
        the migration to a national Internet protocol-enabled network 
        to achieve reliable, interoperable communication transmitted 
        over such network that will ensure access to emergency services 
        by individuals with disabilities;
          (2) for protocols, technical capabilities, and technical 
        requirements to ensure reliability and interoperability 
        necessary to ensure access to emergency services by individuals 
        with disabilities;
          (3) for the establishment of technical standards for use by 
        public safety answering points, designated default answering 
        points, and local emergency authorities;
          (4) for relevant technical standards and requirements for 
        communication devices and equipment and technologies to enable 
        the use of reliable emergency access;
          (5) for procedures to be followed by IP-enabled network 
        providers to ensure that such providers do not install 
        features, functions, or capabilities that would conflict with 
        technical standards;
          (6) for deadlines by which providers of interconnected and 
        non-interconnected VoIP services and manufacturers of equipment 
        used for such services shall achieve the actions required in 
        paragraphs (1) through (5), and for the possible phase out of 
        the use of current-generation TTY technology to the extent that 
        this technology is replaced with more effective and efficient 
        technologies and methods to enable access to emergency services 
        by individuals with disabilities; and
          (7) for the establishment of rules to update the Commission's 
        rules with respect to 9-1-1 services and E-911 services, as 
        such term is defined in section 158 of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 942), for users of telecommunications relay 
        services as new technologies and methods for providing such 
        relay services are adopted by providers of such relay services.
  (d) Meetings.--
          (1) Initial meeting.--The initial meeting of the Advisory 
        Committee shall take place not later than 45 days after the 
        completion of the member appointment process by the Chairman of 
        the Commission pursuant to subsection (b).
          (2) Other meetings.--After the initial meeting, the Advisory 
        Committee shall meet at the call of the chairs, but no less 
        than monthly until the recommendations required pursuant to 
        subsection (c) are completed and submitted.
          (3) Notice; open meetings.--Any meetings held by the Advisory 
        Committee shall be duly noticed at least 14 days in advance and 
        shall be open to the public.
  (e) Procedural Rules.--
          (1) Quorum.--One-third of the members of the Advisory 
        Committee shall constitute a quorum for conducting business of 
        the Advisory Committee.
          (2) Subcommittees.--To assist the Advisory Committee in 
        carrying out its functions, the chair may establish appropriate 
        subcommittees composed of members of the Advisory Committee and 
        other subject matter experts as determined to be necessary.
          (3) Additional procedural rules.--The Advisory Committee may 
        adopt other procedural rules as needed.
  (f) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
  (g) Implementing Recommendations.--The Commission shall have the 
authority to promulgate regulations to implement the recommendations 
proposed by the Advisory Committee, as well as any other regulations as 
are necessary to achieve reliable, interoperable communication that 
ensures access by individuals with disabilities to an Internet 
protocol-enabled emergency network.
  (h) Survey.--Not later than 30 months after the date of enactment of 
this Act, the Commission shall conduct and publish the results of a 
national survey of individuals with disabilities concerning real time 
text, geolocation services, instant messaging services, and mobile 
telecommunications relay services. The survey shall seek to determine 
what individuals with disabilities believe to be the most effective and 
efficient technologies and methods by which to enable access to 
emergency services by individuals with disabilities.
  (i) Definitions.--In this section--
          (1) the term ``Commission'' means the Federal Communications 
        Commission;
          (2) the term ``Chairman'' means the Chairman of the Federal 
        Communications Commission; and
          (3) except as otherwise expressly provided, other terms have 
        the meanings given such terms in section 3 of the 
        Communications Act of 1934 (47 U.S.C. 153).

SEC. 106. RELAY SERVICES FOR DEAF-BLIND INDIVIDUALS.

  Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.), 
as amended by sections 103 and 104, is further amended by adding at the 
end the following:

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

  ``(a) In General.--Within 6 months after the date of enactment of the 
Twenty-First Century Communications and Video Accessibility Act of 
2010, the Commission shall establish rules that define as eligible for 
relay service support those programs that are approved by the 
Commission for the distribution of specialized customer premises 
equipment designed to make telecommunications service, Internet access 
service, and advanced communications, including interexchange services 
and advanced telecommunications and information services, accessible by 
low-income individuals who are deaf-blind.
  ``(b) Individuals Who Are Deaf-blind Defined.--For purposes of this 
section, the term `individuals who are deaf-blind' has the meaning 
given such term in section 206 of the Helen Keller National Center Act 
(29 U.S.C. 1905).
  ``(c) Annual Amount.--The total amount of support the Commission may 
provide from its Telecommunications Relay Services Fund for any fiscal 
year may not exceed $10,000,000.''.

                      TITLE II--VIDEO PROGRAMMING

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

  (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Chairman shall establish an advisory 
committee to be known as the Video Programming and Emergency Access 
Advisory Committee.
  (b) Membership.--As soon as practicable after the date of enactment 
of this Act, the Chairman shall appoint individuals who have the 
technical knowledge and engineering expertise to serve on the Advisory 
Committee in the fulfillment of its duties, including the following:
          (1) Representatives of distributors and providers of video 
        programming or national organizations representing such 
        distributors and providers.
          (2) Representatives of vendors, developers, and manufacturers 
        of systems, facilities, equipment, and capabilities for the 
        provision of video programming delivered using Internet 
        protocol or a national organization representing such vendors, 
        developers, or manufacturers.
          (3) Representatives of manufacturers of consumer electronics 
        or information technology equipment or a national organization 
        representing such manufacturers.
          (4) Representatives of national organizations representing 
        accessibility advocates, including individuals with 
        disabilities and the elderly.
          (5) Representatives of the broadcast television industry or a 
        national organization representing such industry.
          (6) Other individuals with technical and engineering 
        expertise, as the Chairman determines appropriate.
  (c) Commission Oversight.--The Chairman shall appoint a member of the 
Commission's staff to moderate and direct the work of the Advisory 
Committee.
  (d) Technical Staff.--The Commission shall appoint a member of the 
Commission's technical staff to provide technical assistance to the 
Advisory Committee.
  (e) Development of Recommendations.--
          (1) Closed captioning report.--Within 6 months after the date 
        of the first meeting of the Advisory Committee, the Advisory 
        Committee shall develop and submit to the Commission a report 
        that includes the following:
                  (A) An identification of the performance objectives 
                for protocols, technical capabilities, and technical 
                procedures needed to permit content providers, content 
                distributors, Internet service providers, software 
                developers, and device manufacturers to reliably 
                encode, transport, receive, and render closed captions 
                of video programming delivered using Internet protocol.
                  (B) An identification of additional protocols, 
                technical capabilities, and technical procedures beyond 
                those available as of the date of enactment of this Act 
                for the delivery of closed captions of video 
                programming delivered using Internet protocol that are 
                necessary to meet the performance objectives identified 
                under subparagraph (A).
                  (C) A recommendation for any regulations that may be 
                necessary to ensure compatibility between video 
                programming delivered using Internet protocol and 
                devices capable of receiving and displaying such 
                programming in order to facilitate access to closed 
                captions.
          (2) Video description, emergency information, user 
        interfaces, and video programming guides and menus.--Within 18 
        months after the date of enactment of this Act, the Advisory 
        Committee shall develop and submit to the Commission a report 
        that includes the following:
                  (A) An identification of the performance objectives 
                for protocols, technical capabilities, and technical 
                procedures needed to permit content providers, content 
                distributors, Internet service providers, software 
                developers, and device manufacturers to reliably 
                encode, transport, receive, and render video 
                descriptions of video programming and emergency 
                information delivered using Internet protocol or 
                digital broadcast television.
                  (B) An identification of additional protocols, 
                technical capabilities, and technical procedures beyond 
                those available as of the date of enactment of this Act 
                for the delivery of video descriptions of video 
                programming and emergency information delivered using 
                Internet protocol that are necessary to meet the 
                performance objectives identified under subparagraph 
                (A).
                  (C) A recommendation for any regulations that may be 
                necessary to ensure compatibility between video 
                programming delivered using Internet protocol and 
                devices capable of receiving and displaying such 
                programming in order to facilitate access to emergency 
                information.
                  (D) With respect to user interfaces, a recommendation 
                for the standards, protocols, and procedures used to 
                enable the functions of apparatus designed to receive 
                or display video programming transmitted simultaneously 
                with sound (including apparatus designed to receive or 
                display video programming transmitted by means of 
                services using Internet protocol) to be accessible to 
                and usable by individuals with disabilities.
                  (E) With respect to user interfaces, a recommendation 
                for the standards, protocols, and procedures used to 
                enable on-screen text menus and other visual indicators 
                used to access the functions on an apparatus described 
                in subparagraph (D) to be accompanied by audio output 
                so that such menus or indicators are accessible to and 
                usable by individuals with disabilities.
                  (F) A recommendation for the standards, protocols, 
                and procedures used to enable the selection of video 
                programming information on an apparatus or navigation 
                device by means of a guide or menu to be accessible in 
                real-time by individuals who are blind or have a visual 
                impairment.
          (3) Consideration of standards, protocols, and procedures by 
        standard-setting organizations.--The recommendations of the 
        Advisory Committee shall, to the extent possible, incorporate 
        the standards, protocols, and procedures that have been adopted 
        by appropriate industry standard-setting organizations for the 
        report requirements described in paragraphs (1) and (2).
  (f) Meetings.--
          (1) Initial meeting.--The initial meeting of the Advisory 
        Committee shall take place not later than 180 days after the 
        date of the enactment of this Act.
          (2) Other meetings.--After the initial meeting, the Advisory 
        Committee shall meet at the call of the Chairman.
          (3) Notice; open meetings.--Any meeting held by the Advisory 
        Committee shall be noticed at least 14 days before such meeting 
        and shall be open to the public.
  (g) Procedural Rules.--
          (1) Quorum.--The presence of one-third of the members of the 
        Advisory Committee shall constitute a quorum for conducting the 
        business of the Advisory Committee.
          (2) Subcommittees.--To assist the Advisory Committee in 
        carrying out its functions, the Chairman may establish 
        appropriate subcommittees composed of members of the Advisory 
        Committee and other subject matter experts.
          (3) Additional procedural rules.--The Advisory Committee may 
        adopt other procedural rules as needed.
  (h) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
  (i) Adoption of Standards, Protocols, Procedures, and Other Technical 
Requirements.--Not later than 12 months after the date on which the 
Advisory Committee transmits its report under subsection (e)(2) to the 
Commission, the Commission shall take all actions necessary to adopt 
relevant technical standards, protocols, procedures, and other 
technical requirements to ensure compatibility between video 
programming delivered using Internet protocol or digital broadcast 
television and devices capable of receiving and displaying such 
programming in order to facilitate access to emergency information.

SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

  (a) Video Description.--Section 713 of the Communications Act of 1934 
(47 U.S.C. 613) is amended--
          (1) by striking subsections (f) and (g);
          (2) by redesignating subsection (h) as subsection (j); and
          (3) by inserting after subsection (e) the following:
  ``(f) Video Description.--
          ``(1) Reinstatement of regulations.--On the day that is 1 
        year after the date of enactment of the Twenty-First Century 
        Communications and Video Accessibility Act of 2010, the 
        Commission shall, after a rulemaking, reinstate its video 
        description regulations contained in the Implementation of 
        Video Description of Video Programming Report and Order (15 
        F.C.C.R. 15,230 (2000)), modified as provided in paragraph (2).
          ``(2) Modifications to reinstated regulations.--Such 
        regulations shall be modified only as follows:
                  ``(A) The regulations shall apply to video 
                programming, as defined in subsection (i), insofar as 
                such programming is transmitted for display on 
                television in digital format.
                  ``(B) The Commission shall update the list of the top 
                25 Designated Market Areas, the list of the top 5 
                national nonbroadcast networks that have at least 50 
                hours per quarter of prime time programming that is not 
                exempt under this paragraph, and the designation of the 
                beginning calendar quarter for which compliance shall 
                be calculated.
                  ``(C) The regulations may permit a provider of video 
                programming or a program owner to petition the 
                Commission for an exemption from the requirements of 
                this section upon a showing that the requirements 
                contained in this section would be economically 
                burdensome.
                  ``(D) The Commission may exempt from the regulations 
                established pursuant to paragraph (1) a service, class 
                of services, program, class of programs, equipment, or 
                class of equipment for which the Commission has 
                determined that the application of such regulations 
                would be economically burdensome for the provider of 
                such service, program, or equipment.
                  ``(E) The regulations shall not apply to live or 
                near-live programming.
                  ``(F) The regulations shall provide for an 
                appropriate phased schedule of deadlines for 
                compliance.
          ``(3) Inquiries on further video description requirements.--
        The Commission shall commence the following inquiries not later 
        than 1 year after the completion of the phase-in of the 
        reinstated regulations and shall report to Congress 1 year 
        thereafter on the findings for each of the following:
                  ``(A) Video description in television programming.--
                The availability, use, and benefits of video 
                description on video programming distributed on 
                television, the technical and creative issues 
                associated with providing such video description, and 
                the financial costs of providing such video description 
                for providers of video programming and program owners.
                  ``(B) Video description in video programming 
                distributed on the internet.--The technical and 
                operational issues, costs, and benefits of providing 
                video descriptions for video programming that is 
                delivered using Internet protocol.
          ``(4) Continuing commission authority.--
                  ``(A) In general.--The Commission may issue 
                additional regulations if the Commission determines, at 
                least 2 years after completing the reports required in 
                paragraph (3), that the need for and benefits of 
                providing video descriptions for video programming, 
                insofar as such programming is transmitted for display 
                on television, are greater than the technical and 
                economic costs of providing such additional 
                programming. If the Commission makes such a 
                determination and issues additional regulations, the 
                Commission may increase, in total, the hours 
                requirement for described video programming, insofar as 
                such programming is transmitted for display on 
                television, up to 75 percent of the requirement in the 
                regulations reinstated under paragraph (1).
                  ``(B) Further requirements.--
                          ``(i) Report.--Nine years after the date of 
                        enactment of the Twenty-First Century 
                        Communications and Video Accessibility Act of 
                        2010, the Commission shall submit to the 
                        Committee on Energy and Commerce of the House 
                        of Representatives and the Committee on 
                        Commerce, Science, and Transportation of the 
                        Senate a report assessing--
                                  ``(I) the types of described video 
                                programming that is available to 
                                consumers;
                                  ``(II) consumer use of such 
                                programming;
                                  ``(III) the costs to program owners, 
                                providers, and distributors of creating 
                                such programming;
                                  ``(IV) the benefits to consumers of 
                                such programming;
                                  ``(V) the amount of such programming 
                                currently available; and
                                  ``(VI) the need for additional 
                                described programming.
                          ``(ii) Increased availability.--Ten years 
                        after the date of enactment of the Twenty-First 
                        Century Communications and Video Accessibility 
                        Act of 2010, the Commission shall have the 
                        authority, based upon the findings, 
                        conclusions, and recommendations contained in 
                        the report under clause (i), to increase the 
                        availability of such programming.
                  ``(C) Application to designated market areas.--
                          ``(i) In general.--After the Commission 
                        completes the study on video description, the 
                        Commission shall phase in the video description 
                        regulations for all designated market areas, 
                        except that the Commission may grant waivers to 
                        entities in specific designated market areas 
                        where it deems appropriate.
                          ``(ii) Phase-in deadline.--The phase-in 
                        described under clause (i) shall be completed 
                        not later than 6 years after the date of 
                        enactment of the Twenty-First Century 
                        Communications and Video Accessibility Act of 
                        2010.
  ``(g) Emergency Information.--Not later than 1 year after the Video 
Programming and Emergency Access Advisory Committee report under 
section 201(e)(2) of the Twenty-First Century Communications and Video 
Accessibility Act of 2010 is submitted to the Commission, the 
Commission shall complete a proceeding to--
          ``(1) identify methods to convey emergency information (as 
        that term is defined in section 79.2 of title 47, Code of 
        Federal Regulations) in a manner accessible to individuals who 
        are blind or have a visual impairment; and
          ``(2) promulgate regulations that require video programming 
        providers and video programming distributors (as those terms 
        are defined in section 79.1 of title 47, Code of Federal 
        Regulations) and program owners to convey such emergency 
        information in a manner accessible to individuals who are blind 
        or have a visual impairment.
  ``(h) Responsibilities.--
          ``(1) Video programming owner.--A video programming owner 
        shall ensure that any closed captioning and video description 
        required pursuant to this section is provided in accordance 
        with the technical standards, protocols, and procedures 
        established by the Commission.
          ``(2) Video programming provider or distributor.--A video 
        programming provider or video programming distributor shall be 
        deemed in compliance with this section and the rules and 
        regulation promulgated thereunder if such provider or 
        distributor enables the rendering or the pass through of closed 
        captions and video description signals.
  ``(i) Definitions.--For purposes of this section, section 303, and 
section 330:
          ``(1) Video description.--The term `video description' means 
        the insertion of audio narrated descriptions of a television 
        program's key visual elements into natural pauses between the 
        program's dialogue.
          ``(2) Video programming.--The term `video programming' has 
        the meaning given such term in section 602.''.
  (b) Closed Captioning on Video Programming Delivered Using Internet 
Protocol.--Section 713 of such Act is further amended by striking 
subsection (c) and inserting the following:
  ``(c) Deadlines for Captioning.--
          ``(1) In general.--The regulations prescribed pursuant to 
        subsection (b) shall include an appropriate schedule of 
        deadlines for the provision of closed captioning of video 
        programming published or exhibited on television.
          ``(2) Deadlines for programming delivered using internet 
        protocol.--
                  ``(A) Regulations on closed captioning on video 
                programming delivered using internet protocol.--Not 
                later than 6 months after the submission of the report 
                to the Commission required by section 201(e)(1) of the 
                Twenty-First Century Communications and Video 
                Accessibility Act of 2010, the Commission shall 
                promulgate regulations to require the provision of 
                closed captioning on video programming delivered using 
                Internet protocol.
                  ``(B) Schedule.--The regulations prescribed under 
                this paragraph shall include an appropriate schedule of 
                decoding for the provision of closed captioning, taking 
                into account whether such programming is prerecorded 
                and edited for Internet distribution, or whether such 
                programming is live or near-live and not edited for 
                Internet distribution.
                  ``(C) Cost.--The Commission may delay or waive the 
                regulation promulgated under subparagraph (A) to the 
                extent the Commission finds that the application of the 
                regulation to live video programming delivered using 
                Internet protocol would be economically burdensome to 
                providers of video programming or program owners.
                  ``(D) Requirements for regulations.--
                          ``(i) In general.--The regulations prescribed 
                        under this paragraph--
                                  ``(I) shall contain a definition of 
                                `near-live programming' and `edited for 
                                Internet distribution';
                                  ``(II) may exempt any service, class 
                                of service, program, class of program, 
                                equipment, or class of equipment for 
                                which the Commission has determined 
                                that the application of such 
                                regulations would be economically 
                                burdensome to the provider of such 
                                service, program, or equipment;
                                  ``(III) shall provide that de minimis 
                                failure to comply with such regulations 
                                by a provider of video programming or 
                                program owner shall not be treated as a 
                                violation of the regulations; and
                                  ``(IV) shall only apply to video 
                                programming that is transmitted for 
                                display on television with closed 
                                captioning after the effective date of 
                                the regulations issued pursuant to this 
                                section.
                          ``(ii) Alternate means.--An entity may meet 
                        the requirements of this section through 
                        alternate means than those prescribed by 
                        regulations pursuant to paragraph (1) if the 
                        requirements of this section are met, as 
                        determined by the Commission.''.
  (c) Conforming Amendment.--Section 713(d) of such Act is amended by 
striking paragraph (3) and inserting the following:
          ``(3)(A) a provider of video programming or program owner may 
        petition the Commission for an exemption from the requirements 
        of this section;
                  ``(B) the Commission may grant such petition upon a 
                showing that the requirements contained in this section 
                would be economically burdensome;
                  ``(C) during the pendency of such a petition, such 
                provider or owner shall be exempt from the requirements 
                of this section; and
                  ``(D) the Commission shall act to grant or deny any 
                such petition, in whole or in part, within 6 months 
                after the Commission receives such petition, unless the 
                Commission finds that an extension of the 6-month 
                period is necessary to determine whether such 
                requirements are economically burdensome.''.
  (d) Reporting Requirement.--Two years after the effective date of the 
regulations issued pursuant to this section, and biennially thereafter, 
each broadcast television network and each cable television network 
shall submit to the Commission a report containing the number of hours, 
in the applicable 2-year period, of video programming not published or 
exhibited on television after the date of enactment of this Act that 
was provided on the Internet with closed captioning.
  (e) Report to Congress.--
          (1) In general.--Three years after the date of enactment of 
        this Act, the Commission shall submit a report to the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate--
                  (A) assessing the technical, economic, and 
                operational issues regarding the captioning of video 
                programming that is distributed only over the Internet, 
                including the types and amounts of such video 
                programming that is or could be captioned, the types of 
                entities producing such programming, and the effects a 
                closed captioning requirement may have on the producers 
                of such programming;
                  (B) assessing the benefits to and use by consumers of 
                closed captioning of video programming that is 
                distributed only over the Internet for consumers; and
                  (C) making recommendations, if any, of whether 
                Congress should adopt or the Commission should 
                implement a closed captioning requirement for such 
                programming.
          (2) Updates.--The Commission shall periodically update the 
        report to the Committees as it determines appropriate.

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

  (a) Authority to Regulate.--Section 303(u) of the Communications Act 
of 1934 (47 U.S.C. 303(u)) is amended to read as follows:
  ``(u) Require that--
          ``(1) apparatus designed to receive or play back video 
        programming transmitted simultaneously with sound, if such 
        apparatus is manufactured in the United States or imported for 
        use in the United States and uses a picture screen of any 
        size--
                  ``(A) be equipped with built-in closed caption 
                decoder circuitry or capability designed to display 
                closed-captioned video programming;
                  ``(B) have the capability to decode and make 
                available the transmission and delivery of video 
                description services as required by regulations 
                reinstated and modified pursuant to section 713(f); and
                  ``(C) have the capability to decode and make 
                available emergency information (as that term is 
                defined in section 79.2 of title 47, Code of Federal 
                Regulations) in a manner that is accessible to 
                individuals who are blind or have a visual impairment; 
                and
          ``(2) notwithstanding paragraph (1) of this subsection--
                  ``(A) apparatus described in such paragraph that use 
                a picture screen that is less than 13 inches in size 
                meet the requirements of subparagraphs (A), (B), and 
                (C) of such paragraph only if the requirements of such 
                subparagraphs are achievable (as defined in section 
                716);
                  ``(B) any apparatus or class of apparatus that are 
                display-only video monitors with no playback capability 
                are exempt from the requirements of such paragraph; and
                  ``(C) the Commission shall have the authority to 
                waive the requirements of this subsection for any 
                apparatus or class of apparatus.''.
  (b) Other Devices.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding at the end the following new 
subsection:
  ``(z) Require that--
          ``(1) if achievable (as defined in section 716), apparatus 
        designed to record video programming transmitted simultaneously 
        with sound, if such apparatus is manufactured in the United 
        States or imported for use in the United States, enable the 
        rendering or the pass through of closed captions, video 
        description signals, and emergency information (as that term is 
        defined in section 79.2 of title 47, Code of Federal 
        Regulations) so that viewers are able to activate and de-
        activate the closed captions and video description as the video 
        programming is played back on a picture screen of any size; and
          ``(2) interconnection mechanisms and standards for digital 
        video source devices are available to carry from the source 
        device to the consumer equipment the information necessary to 
        permit the display of closed captions and to make encoded video 
        description and emergency information audible.''.
  (c) Shipment in Commerce.--Section 330(b) of the Communications Act 
of 1934 (47 U.S.C. 330(b)) is amended--
          (1) by striking ``section 303(u)'' in the first sentence and 
        inserting ``subsections (u) and (z) of section 303'';
          (2) by striking the second sentence and inserting the 
        following: ``Such rules shall provide performance and display 
        standards for such built-in decoder circuitry or capability 
        designed to display closed captioned video programming, the 
        transmission and delivery of video description services, and 
        the conveyance of emergency information as required by section 
        303 of this Act.''; and
          (3) in the fourth sentence, by striking ``closed-captioning 
        service continues'' and inserting ``closed-captioning service 
        and video description service continue''.
  (d) Implementing Regulations.--
          (1) In general.--The Federal Communications Commission shall 
        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--
                  (A) closed captioning within 6 months after the 
                submission to the Commission of the Advisory Committee 
                report required by section section 201(e)(1); and
                  (B) video description and emergency information 
                within 12 months after the submission to the Commission 
                of the Advisory Committee report required by section 
                section 201(e)(2).
          (2) Alternate means.--An entity may meet the requirements of 
        sections 303(u), 303(z), and 330(b) of the Communications Act 
        of 1934 through alternate means than those prescribed by 
        regulations pursuant to paragraph (1) if the requirements of 
        such sections are met, as determined by the Commission.

SEC. 204. USER INTERFACES ON DIGITAL APPARATUS.

  (a) Amendment.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding after subsection (z), as added 
by section 203 of this Act, the following new subsection:
  ``(aa) Require--
          ``(1) if achievable (as defined in section 716), that digital 
        apparatus designed to receive or play back video programming, 
        that are shipped in interstate commerce or manufactured in the 
        United States, transmitted in digital format simultaneously 
        with sound, including apparatus designed to receive or display 
        video programming transmitted in digital format using Internet 
        protocol, be designed, developed, and fabricated so that 
        control of all built-in apparatus functions are accessible to 
        and usable by individuals with disabilities;
          ``(2) that if on-screen text menus or other visual indicators 
        built in to the digital apparatus are used to access the 
        functions of the apparatus described in paragraph (1), such 
        functions shall be accompanied by audio output that is either 
        integrated or peripheral to the apparatus, so that such menus 
        or indicators are accessible to and usable by individuals who 
        are blind or have a visual impairment in real-time;
          ``(3) that built-in user controls on such apparatus shall be 
        capable of accessing closed captioning, including--
                  ``(A) if a remote control is provided with the 
                apparatus--
                          ``(i) a button, key, or icon on the remote 
                        control of such apparatus designated for 
                        activating closed captioning; or
                          ``(ii) any other mechanism that provides a 
                        substantially equivalent level of 
                        accessibility; and
                  ``(B) if on-screen menus are displayed on such 
                apparatus--
                          ``(i) the inclusion of `closed captions' and 
                        `video description' on the first menu that 
                        appears; or
                          ``(ii) any other mechanism that provides a 
                        substantially equivalent level of 
                        accessibility; and
          ``(4) that in applying this subsection the term `apparatus' 
        does not include a navigation device, as such term is defined 
        in section 76.1200 of title 47, Code of Federal Regulations.''.
  (b) Implementing Regulations.--
          (1) In general.--Within 12 months after the submission to the 
        Commission of the Advisory Committee report required by section 
        201(e)(2), the Commission shall prescribe such regulations as 
        are necessary to implement the amendments made by subsection 
        (a).
          (2) Alternate means.--An entity may meet the requirements of 
        sections 303(aa) of the Communications Act of 1934 through 
        alternate means than those prescribed by regulations pursuant 
        to paragraph (1) if the requirements of such section are met, 
        as determined by the Commission.
  (c) Deferral of Compliance With ATSC Mobile DTV Standard A/153.--A 
digital apparatus designed and manufactured to receive or play back the 
Advanced Television Systems Committee's Mobile DTV Standards A/153 
shall not be required to meet the requirements of the regulations 
prescribed under subsection (b) for a period of not less than 24 months 
after the date on which the final regulations are published in the 
Federal Register.

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

  (a) Amendment.--Section 303 of the Communications Act of 1934 (47 
U.S.C. 303) is further amended by adding after subsection (aa), as 
added by section 204 of this Act, the following new subsection:
  ``(bb) Require--
          ``(1) if achievable (as defined in section 716), that the on-
        screen text menus and guides provided by navigation devices (as 
        such term is defined in section 76.1200 of title 47, Code of 
        Federal Regulations) for the display or selection of 
        multichannel video programming are audibly accessible in real-
        time upon request by individuals who are blind or have a visual 
        impairment, except that the Commission may not specify the 
        technical standards, protocols, procedures, and other technical 
        requirements for meeting this requirement; and
          ``(2) for navigation devices with built-in closed captioning 
        capability, access to such capability through a button, key, or 
        icon designated for activating the closed captioning, or 
        through any other mechanism that provides a substantially 
        equivalent level of accessibility.''
  (b) Implementing Regulations.--
          (1) In general.--Within 12 months after the submission to the 
        Commission of the Advisory Committee report required by section 
        201(e)(2), the Commission shall prescribe such regulations as 
        are necessary to implement the amendment made by subsection 
        (a).
          (2) Exemption.--Such regulations may provide an exemption 
        from the regulations for cable systems serving 50,000 or fewer 
        subscribers.
          (3) Responsibility.--An entity shall only be responsible for 
        compliance with the requirements added by this section with 
        respect to navigation devices that such entity provides to a 
        requesting individual who is blind or has a visual impairment 
        and shall make reasonable efforts to make such requirements 
        known to consumers.
          (4) Separate equipment or software.--
                  (A) In general.--Such regulations shall permit but 
                not require the entity providing the navigation device 
                to the requesting individual who is blind or has a 
                visual impairment to comply with section 303(bb)(1) of 
                the Communications Act of 1934 (as added by subsection 
                (a) of this section) through such entity's use of 
                software, a peripheral device, specialized consumer 
                premises equipment, a network-based service, or other 
                solution, and shall provide such entity with the 
                flexibility to select the manner of compliance.
                  (B) Requirements.--If an entity complies with section 
                303(bb)(1) of the Communications Act of 1934 (as added 
                by subsection (a) of this section) under subparagraph 
                (A) of this paragraph, such entity shall provide any 
                such software, peripheral device, equipment, service, 
                or solution at no additional charge and within a 
                reasonable time to such individual.
          (5) User controls for closed captioning.--Such regulations 
        shall permit the entity providing the navigation device maximum 
        flexibility in the selection of means for compliance with 
        section 303(bb)(2) of the Communications Act of 1934 (as added 
        by subsection (a) of this section).
          (6) Phase-in.--
                  (A) In general.--The Commission shall provide 
                affected entities with--
                          (i) not less than 2 years after the adoption 
                        of such regulations to begin placing in service 
                        devices that comply with the requirements of 
                        section 303(bb)(2) of the Communications Act of 
                        1934 (as added by subsection (a) of this 
                        section); and
                          (ii) not less than 3 years after the adoption 
                        of such regulations to begin placing in service 
                        devices that comply with the requirements of 
                        section 303(bb)(1) of the Communications Act of 
                        1934 (as added by subsection (a) of this 
                        section).
                  (B) Application.--Such regulations shall apply only 
                to devices manufactured or imported on or after the 
                respective effective dates established in subparagraph 
                (A).

SEC. 206. DEFINITIONS.

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

                          Purpose and Summary

    H.R. 3101, the ``Twenty-First Century Communications and 
Video Programming Act of 2010'', was introduced on June 26, 
2009, by Representative Edward J. Markey (D-MA), and referred 
to the Committee on Energy and Commerce. H.R. 3101 would update 
the communications laws to help ensure that individuals with 
disabilities are able to fully utilize communications services 
and equipment and better access video programming.

                  Background and Need for Legislation

    Although Congress has previously acted to ensure access to 
communications devices by people with disabilities, these laws 
were last updated in 1996. Since that time, the communications 
marketplace has undergone a fundamental transformation, driven 
by growth in broadband. Internet-based and digital technologies 
are now pervasive, offering innovative and exciting ways to 
communicate and share information.
    Through increased mobility and the use of data, the 
benefits of modern technology have profoundly altered our 
everyday lives, streamlining tasks and allowing mobile access 
to the Internet and a diverse menu of applications and 
services. Smart phones, global positioning systems (GPS), and 
video conferencing are but a few of the many technologies that 
Americans rely on daily. Many of these advances have improved 
the communications capabilities of individuals with 
disabilities. Nevertheless, the extraordinary benefits of these 
technological advances are often still not accessible to 
individuals with disabilities.
    Various studies have found that people with disabilities 
suffer disproportionately higher rates of unemployment and 
poverty than those without disabilities. For example, in 2008, 
only 40% of working-age people with disabilities were employed, 
while almost 80% of those without disabilities were working.\1\ 
If certain current and emerging technologies are not accessible 
to the disabled community, this economic disparity may 
increase. Enhanced accessibility could help diminish this 
economic divide.
---------------------------------------------------------------------------
    \1\See, e.g., Cornell University, 2008 Disabilities Status Report--
United States, Rehabilitation and Training Center on Disability 
Demographics and Statistics, p.32 (online at http://
www.ilr.cornell.edu/edi/disabilitystatistics/).
---------------------------------------------------------------------------
    Elderly Americans are also affected by this measure. The 
number of people over age 65 living in the United States is 
approximately 40 million, or 13% of the total population. One 
estimate shows that by 2050, that number is expected to 
increase to 88.5 million, or an estimated 20% of the 
population.\2\ This growth may be accompanied by a jump in the 
number of Americans with vision and hearing impairments who 
will need accessible communications products and services.
---------------------------------------------------------------------------
    \2\United States Census Bureau, The Next Four Decades--The Older 
Population in the United States: 2010-2050 (May 2010) (online at 
www.census.gov/prod/2010pubs/p25-1138.pdf).
---------------------------------------------------------------------------
    Access to communications devices and video programming is 
also important to American service members, especially those 
injured in Iraq and Afghanistan. Current studies indicate that 
13% of combat troops wounded in hostile operations sustain 
penetrating eye trauma resulting in vision impairment. 
Additionally, between 12% and 20% of deployed forces have 
traumatic brain injury (TBI), and 64% of service members who 
suffer TBI test positive for visual dysfunction.\3\ Finally, 
58,000 veterans have reported ringing in their ears after 
returning from deployment to Iraq or Afghanistan, and the U.S. 
Department of Veterans Affairs reports that hearing loss will 
affect 800,000 veterans by 2011.\4\
---------------------------------------------------------------------------
    \3\Geoffrey Ling et al., Explosive Blast Neurotrauma, Journal of 
Neurotrauma (June 2009).
    \4\Army Times, War is Hell--On Your Hearing (Apr. 24, 2010) (online 
at www.armytimes.com/news/2010/04/offduty_hearing_042310w/).
---------------------------------------------------------------------------

                        Committee Consideration

    On June 26, 2009, H.R. 3101, Twenty-First Century 
Communications and Video Accessibility Act of 2009, was 
referred to the Committee on Energy and Commerce. The bill was 
subsequently referred to the Subcommittee on Communications, 
Technology, and the Internet on July 7, 2009, and the 
Subcommittee held a legislative hearing on June 10, 2010. The 
Subcommittee received testimony from witnesses representing the 
American Council of the Blind, the National Cable and 
Telecommunications Association, CTIA--The Wireless Association, 
the Hearing Loss Association of America, the United States 
Telecom Association, and the Consumer Electronics Association.
    On June 30, 2010, the Subcommittee on Communications, 
Technology, and the Internet met in open markup session to 
consider H.R. 3101. Subcommittee Chairman Boucher offered a 
manager's amendment in the form of an amendment in the nature 
of a substitute that was agreed to by a voice vote. 
Subsequently, the Subcommittee agreed to forward H.R. 3101, 
amended, to the full Committee by a voice vote.
    On July 21, 2010, the full Committee met in open markup 
session to consider H.R. 3101, as approved by the Subcommittee. 
Rep. Boucher offered a manager's amendment in the form of an 
amendment in the nature of a substitute that was agreed to by a 
voice vote. Rep. Markey offered an amendment to the Boucher 
substitute amendment, which was agreed to by a voice vote. 
Subsequently, the Committee ordered H.R. 3101 favorably 
reported to the House, amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Waxman ordering H.R. 3101 reported to the House, 
amended, was approved by a voice vote. There were no record 
votes taken during consideration of this bill.

            Committee Oversight Findings and Recommendations

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the oversight findings and recommendations of 
the Committee are reflected in the descriptive portions of this 
report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that H.R 3101 
will result in no new budget authority, entitlement authority, 
or tax expenditures or revenues.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the performance goals and 
objectives of H.R. 3101 are reflected in the descriptive 
portions of this report.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that Article I, 
section 8, clauses 3 and 18 of the Constitution of the United 
States grants the Congress the power to enact this law.

                  Earmarks and Tax and Tariff Benefits

    H.R. 3101 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

             Applicability of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations. 
H.R. 3101 requires commercial entities to take a range of steps 
to improve access by individuals with disabilities to 
communications services. This bill does not relate to 
employment or access to public services and accommodations in 
the legislative branch.

                       Federal Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act of 1974 (as amended by section 101(a)(2) of the 
Unfunded Mandates Reform Act, P.L. 104-4) requires a statement 
on whether the provisions of the report include unfunded 
mandates. In compliance with this requirement the Committee 
will rely on the analysis prepared by the Director of the 
Congressional Budget Office, which at the time of the filing of 
this report had not been completed.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee will adopt as its own 
the cost estimate of H.R. 3101 being prepared by the Director 
of the Congressional Budget Office pursuant to section 402 of 
the Congressional Budget Act of 1974. At the time of the filing 
of this report, this estimate had not yet been completed.

               Congressional Budget Office Cost Estimate

    With respect to the requirements of clause (3)(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has not yet received a cost estimate for H.R. 3101 
from the Director of Congressional Budget Office.

             Section-by-Section Analysis of the Legislation


Section 1. Title; Table of contents

    Section 1(a) provides that the Act shall be cited as the 
``Twenty-First Century Communications and Video Programming Act 
of 2010''. Section 1(b) provides the table of contents for the 
Act.

Section 2. Limitation on liability

    Section 2 provides liability protection where an entity is 
acting as a passive conduit of communications made available 
through the provision of advanced communications services by a 
third party or where an entity is providing an information 
location tool through which an end user obtains access to 
services and information. This liability protection does not 
apply to the extent that an entity relies on third-party 
software or hardware to fulfill the requirements of this Act.

Section 3. Proprietary technology

    Section 3 prevents the Commission from mandating the use or 
incorporation of proprietary technology when implementing the 
requirements of this Act. It is the Committee's intent that the 
Commission not mandate the use or incorporation of such 
technology, to the exclusion of other solutions. While the 
Commission may indicate that incorporation of a particular 
technology in specific instances will be sufficient to meet an 
entity's responsibilities under this Act, the Committee intends 
that parties remain free to use alternative solutions so long 
as they also meet the requirements of this Act as determined by 
the Commission. It is also the intention of the Committee to 
express a preference for open source software or any other 
technology.

                     TITLE I--COMMUNICATIONS ACCESS

Section 101. Definitions

    Section 101 contains several definitions for the Act. The 
definition of ``advanced communications services'' includes 
interconnected Voice over Internet Protocol (VoIP) service, 
non-interconnected VoIP service, electronic messaging service, 
and video conferencing service. The term ``disability'' has the 
meaning given that term in the Americans with Disabilities Act 
of 1990.
    The term ``electronic messaging service'' is defined as ``a 
service that provides non-voice messages in text form between 
individuals over communications networks.'' The Committee's 
primary concerns regarding the accessibility of electronic 
messaging services are focused on more traditional, two-way, 
interactive services such as text messaging, instant messaging, 
and electronic mail, rather than on communications such as blog 
posts, online publishing, or messages posted on social 
networking websites.
    The term ``video conferencing service'' is defined as a 
service that provides ``real-time video communications, 
including audio, to enable users to share information of the 
user's choosing.'' The Committee notes that such services may, 
by themselves, be accessibility solutions. The inclusion, 
however, of these services within the scope of the requirements 
of this act is to ensure, in part, that individuals with 
disabilities are able to access and control these services.

Section 102. Hearing aid compatibility

    Section 102 amends section 710 of the Communications Act to 
require that equipment that enables voice communications, 
including equipment used with advanced communications services, 
be compatible with hearing aids.

Section 103. Relay services

    Section 103 requires providers of VoIP-based services to 
contribute to the Telecommunications Relay Services Fund. The 
Commission shall ensure that contributions are made on an 
equitable basis, taking into account whether such services are 
offered free to the public. Section 103 also clarifies that in 
addition to defining ``telecommunications relay services'' 
(TRS) as the ability of a person who is deaf, hard of hearing, 
deaf-blind or has a speech disability to use relay services for 
the purpose of communicating with hearing individuals, these 
services may be used where individuals with disabilities need 
to communicate with other relay users with disabilities, where 
necessary to achieve functionally equivalent communication. 
This will be the case, for example, when two or more 
individuals to a call each have disabilities, but use different 
types of relay services, depending on their communication 
needs. In order for communication between or among such 
individuals to be achieved, more than one type of relay service 
may be needed to complete the call.
    In addition, section 103 creates a Telecommunications Relay 
Services Policy Advisory Council to advise the Commission in 
the development or proposal of major changes or rules relating 
to telecommunications relay services. Section 103 also requires 
the Commission to report to the Senate Committee on Commerce, 
Science, and Transportation and the House Committee on Energy 
and Commerce within 30 months of enactment with regard to how 
the Commission is ensuring that TRS customers have access to 
improved technologies, interoperability, and functionalities as 
well as identifying impediments to the broad and efficient use 
of TRS in the workplace. In directing the Commission to develop 
suggestions to facilitate broader and more efficient use of TRS 
in the workplace, this section requires suggestions for 
facilitating the replacement of outdated end-user TRS equipment 
in public places and government offices.

Section 104. Access to internet-based services and equipment

    Section 104, which creates new sections 716 and 717 of the 
Communications Act, requires manufacturers of equipment used 
for advanced communications services and providers of advanced 
communications services to make such equipment and services 
accessible to individuals with disabilities, if doing so is 
achievable. When providing accessibility is not achievable, a 
manufacturer or service provider must ensure that such 
equipment or services are compatible with peripheral devices or 
specialized customer premise equipment used by individuals with 
disabilities to achieve access, if doing so is achievable.
    For each of these obligations, the Committee intends that 
the Commission afford manufacturers and service providers as 
much flexibility as possible, so long as each does everything 
that is achievable in accordance with the achievability 
factors. The Committee does not intend to require that every 
feature and function of every device or service be accessible 
for every person with any disability. The Committee notes that 
section 255 of the Communications Act has been implemented by 
the Federal Communications Commission in such a manner and 
intends that the Commission implement the requirements of this 
measure in a similar way.\5\
---------------------------------------------------------------------------
    \5\47 U.S.C. 255
---------------------------------------------------------------------------
    New sections 716(a) and (b) give manufacturers and service 
providers a choice regarding how accessibility will be 
incorporated into a device or service. One option is to build 
the accessibility into the device or service, if achievable. 
The other option is to rely on third-party software or hardware 
to provide accessibility, if achievable. In the latter case, 
the consumer must pay not more than a nominal fee for the 
third-party solution. If the manufacturer or service provider 
relies on a downloadable software solution, the consumer must 
be able to access the solution. While the Committee does not 
prescribe a percentage or amount for the purpose of defining 
what constitutes a nominal fee, such fee should be small enough 
so as to generally not be a factor in the consumer's decision 
to acquire a product or service that the consumer otherwise 
desires.
    It is not the Committee's intention that the ``nominal 
cost'' language be construed to force a service provider or 
manufacturer to incorporate or adopt any particular solution, 
software, or device, or to force a manufacturer or service 
provider to subsidize the costs of third-party solutions for 
consumers. The Committee intends that these provisions provide 
that the choice of whether to build in accessibility or provide 
access to a third-party solution that is available at a nominal 
cost rests solely with the provider or the manufacturer.
    The existence of third-party software that is available for 
purchase by a consumer, even at nominal cost, cannot, by 
itself, be used to demonstrate that it is ``achievable'' for 
the service provider or equipment manufacturer to incorporate 
that third-party software into its product or service, nor 
should the existence of such software be given undue weight in 
the achievability analysis. Finally, the Committee intends that 
the Commission interpret the accessibility requirements in this 
provision in the same way as it did for section 255, such that 
if the inclusion of a feature in a product or service results 
in a fundamental alteration of that service or product, it is 
per se not achievable to include that feature.
    New section 716(c) provides that if it is not achievable 
for a manufacturer or service provider to make its product 
accessible, the manufacturer or provider shall ensure that the 
product is compatible with peripheral devices or specialized 
customer premises equipment commonly used by persons with 
disabilities to achieve access, unless doing so is not 
achievable.
    New section 716(d) states that each advanced communications 
services provider has a duty not to install network features, 
functions or capabilities that impede the accessibility or 
usability of advanced communications services. The Committee 
intends that the requirements of this section apply where the 
accessibility or usability of advanced communications services 
were incorporated in accordance with recognized industry 
standards.
    New section 716(e)(1) gives the Commission one year from 
the date of enactment to promulgate regulations to implement 
this section. New section 716(e)(1)(B) provides that advanced 
communications services and equipment may not impair or impede 
the accessibility of information content when accessibility has 
been incorporated into that content. The Committee intends that 
requirements of this subsection apply where the accessibility 
of such content has been incorporated in accordance with 
recognized industry standards.
    New section 716(e)(2) requires the Commission to issue 
prospective guidelines concerning the new accessibility 
requirements. The Committee notes that the Commission has, in 
the past, published guidelines concerning accessibility for 
telecommunication services and equipment that provided industry 
with greater clarity in meeting those accessibility 
requirements. It is the intention of the Committee that the 
Commission's guidance concerning the requirements of this 
provision makes it easier for industry to gauge what is 
necessary to fulfill the requirements of this measure. The 
Committee intends for the Commission to offer guidance that 
provides industry as much certainty as possible regarding how 
the Commission will determine compliance with any new 
obligations.
    New section 716(g) enumerates the factors that the 
Commission shall consider when determining whether the 
provisions of this section are achievable for a specific device 
or service. The Committee intends for the Commission to weigh 
each factor equally when making an achievability determination.
    New section 716(g)(1) ensures that the Commission will 
focus its analysis on the specific product or service in 
question. New section 716(g)(2) requires the Commission to 
consider the impact of making a product or service accessible 
on the operations of the manufacturer or provider, including on 
the development and deployment of new technologies by that 
manufacturer. New section 716(g)(3) requires the Commission to 
consider the financial resources of the manufacturer or 
provider. The Committee notes that existence of substantial 
financial resources does not, by itself, trigger a finding of 
achievability. New section 716(g)(4) requires the Commission to 
consider the type of operations of the manufacturer or 
provider. This factor permits the Commission to consider 
whether the entity offering the product or service has a 
history of offering advanced communication services or 
equipment or whether the entity has just begun to do so. 
Finally, new section 716(g)(5) directs the Commission to 
consider whether and to what extent the manufacturer or service 
provider in question has made available a range of accessible 
products and services with varying functionality and offered at 
different price points. The Committee intends that the 
Commission interpret this factor in a similar manner to the way 
it has implemented its hearing aid compatibility rules.
    New section 716(h) provides the Commission with the 
flexibility to waive the accessibility requirements for any 
feature or function of a device that is capable of accessing 
advanced communication services but is, in the judgment of the 
Commission, designed primarily for purposes other than 
accessing advanced communications. For example, a device 
designed for a purpose unrelated to accessing advanced 
communications might also provide, on an incidental basis, 
access to such services. In this case, the Commission may find 
that to promote technological innovation the accessibility 
requirements need not apply.
    The Commission may also waive the accessibility 
requirements for certain small businesses and entrepreneurial 
organizations. The Committee recognizes the importance of small 
and entrepreneurial innovators and the significant value that 
they add to the economy. The Committee also recognizes that 
these entities may not have the legal, financial, or technical 
capability to incorporate accessibility features and that 
application of these requirements in this limited case may slow 
the pace of technological innovation. The Committee finds the 
Commission is best suited to evaluate and determine which 
entities may qualify for this exemption, and the Committee 
expects that the Commission will consult with the Small 
Business Administration when developing an appropriate 
definition of ``small entity''.
    New section 716(i) exempts customized equipment and 
services from the requirements of this Act. The Committee 
recognizes that some equipment and services are customized to 
the unique specifications requested by an enterprise customer. 
The Committee believes this narrow exemption will encourage 
technological innovation by permitting manufacturers and 
service providers to respond to requests from businesses that 
require specialized and sometimes innovative equipment to 
provide their services efficiently. This provision is not 
intended to create an exemption for equipment and services 
designed for and used by members of the general public.
    New section 716(j) clarifies that nothing in this section 
shall be construed to require a manufacturer or service 
provider to make every feature and function of every device or 
service accessible for every disability.
    New section 717(a) sets forth the complaint and enforcement 
procedures for the provisions of sections 716 and 718. To the 
extent that the Commission finds that a service provider or 
manufacturer has violated these provisions, the Commission 
shall provide such entity a reasonable time to bring the 
service or equipment at issue into compliance. For equipment, 
the Committee notes that many consumer devices and wireless 
devices have relatively short life cycles in the marketplace. 
In these instances, the Committee does not expect the 
Commission to require retrofitting of such equipment that is 
already in the market.
    New section 717(b) requires the Commission to issue a 
report to Congress every two years assessing the level of 
compliance with the requirements of this Act, as well as other 
matters related to the effectiveness of the Commission's 
complaint resolution process.
    New section 718 requires that the functions on Internet 
browsers included on smart phones are accessible to and usable 
by individuals who are blind or have visual impairments, if 
doing so is achievable. The Committee intends to ensure that 
service providers and manufacturers have maximum flexibility in 
implementing this section, while at the same time ensuring that 
accessibility is achieved. The Committee also intends that the 
service provider and the manufacturer are each only subject to 
these provisions with respect to a browser that such service 
provider or manufacturer directs or specifies to be included on 
the device.

Section 105. Emergency Access Advisory Committee

    This section establishes am Emergency Access Advisory 
Committee (Advisory Committee) to examine issues related to 
access to emergency services by persons with disabilities. The 
Advisory Committee will submit recommendations to the 
Commission regarding the effect of the migration to an 
Internet-protocol network on access to emergency services by 
individuals with disabilities, the standards that may be 
necessary to ensure reliable access to emergency services and 
to public safety answering points, the potential replacement of 
TTY technology with more effective next-generation technology, 
and the updating of rules regarding 9-1-1 and E-911 services.
    The Commission has the authority to implement the 
regulations proposed by the Advisory Committee, as well as any 
other regulations that are necessary to achieve reliable, 
interoperable communications that ensures access by persons 
with disabilities to emergency services. Within 30 months after 
the date of enactment of the Act, the Commission shall conduct 
and publish the results of a national survey of individuals 
with disabilities concerning real time text, geolocation 
services, instant messaging services, and mobile 
telecommunications relay services. The survey shall seek to 
determine what persons with disabilities believe to be the most 
effective and efficient technologies and methods to enable 
access to emergency services by persons with disabilities.

Section 106. Relay services for deaf-blind individuals

    This section authorizes the Commission to support programs 
that distribute specialized customer premises equipment at 
subsidized rates to low-income individuals who are deaf-blind. 
The amount of support that the Commission may authorize from 
the Telecommunications Services Relay Fund may not exceed $10 
million in any year.

                      TITLE II--VIDEO PROGRAMMING

Section 201. Video Programming and Emergency Access Advisory Committee

    Section 201 directs the Chairman of the Commission to 
establish a Video Programming and Emergency Access Advisory 
Committee (Advisory Committee) composed of technical experts 
from entities that produce video programming, entities that 
distribute video programming, entities that manufacture 
equipment used to access video programming, groups representing 
the disabilities community, and any other individual with 
relevant technical expertise. The Committee notes that it may 
be appropriate for the Commission to include an individual from 
the Architectural and Transportation Barriers Compliance Board. 
The Advisory Committee is directed to examine technical and 
performance issues related to closed captioning, video 
description, access to emergency information provided on video 
programming, access to video programming guides and menus, and 
access to video equipment user interfaces. The Committee 
expects that these reports will form the basis of the 
Commission's subsequent rulemakings on these matters, but notes 
that the Commission retains the ability to adopt whatever 
requirements it sees fit to ensure the objectives of this Act 
are met. The Committee intends that the Commission periodically 
review and, if necessary, modify the standards and procedures 
adopted pursuant to this Act to ensure that Commission's rules 
keep pace with technological advances.
    The Advisory Committee will submit two reports to the 
Commission within 18 months of the date of enactment of this 
Act with findings and recommendations for the adoption of 
performance objectives and procedures.\6\ One report, to be 
submitted within six months of the day of the first meeting of 
the Advisory Committee, will address closed captioning on video 
programming delivered using Internet protocol and shall include 
an identification of the performance objectives for technical 
procedures and standards needed to ensure the delivery of 
closed captions on such programming, as well as recommendations 
for regulations that may be necessary to implement the 
provisions of this Act.
---------------------------------------------------------------------------
    \6\Video description is a service that provides an audio 
description of the action or movements occurring on the screen, thereby 
making video programming more accessible to people with visual 
disabilities.
---------------------------------------------------------------------------
    The second report, to be delivered 18 months after the date 
of enactment of this Act, will address video description, 
emergency information, user interfaces, and video programming 
guides and menus. The report shall include an identification of 
the performance objectives for technical procedures and 
standards needed to ensure the delivery of video description 
services and emergency information using Internet protocol and 
recommendations for regulations necessary to ensure access to 
emergency information on programming delivered using Internet 
protocol. Further, with respect to user interfaces, the report 
shall include recommendations for the standards, procedures, 
and protocols used to enable the functions of apparatus that 
are designed to receive and display video programming so that 
they are accessible to individuals with disabilities. Finally, 
with respect to video programming guides and menus, the report 
shall include recommendations for standards, protocols, and 
procedures necessary to ensure that such guides and interfaces 
are accessible.

Section 202. Video description and closed captioning

    Section 202(a) directs the Commission to reinstate the 
video description rules that were vacated by the United States 
Court of Appeals for the District of Columbia Circuit in 2002, 
and grants the Commission authority to expand the hourly 
requirements of those rules after a period of years and after a 
series of reports. The old video description rules required 
that the top 4 television networks distribute 50 hours per 
quarter of such programming in the top 25 designated market 
areas (DMAs) and that pay-television providers with 50,000 or 
more subscribers distribute 50 hours per quarter of such 
programming from the top 5 cable television networks.
    Approximately four years after the date of enactment, the 
Commission is required to submit a report to Congress on the 
availability, use, and benefits of video description, the 
technical and creative issues associated with providing such 
video description, and the financial costs of providing video 
description for providers of video programming and program 
owners. After the Commission submits this report, the 
Commission shall phase in a requirement that its video 
description regulations apply in all DMAs. It is the intention 
of the Committee that video description services be available 
in all television markets, regardless of size. The Commission 
does have the flexibility, however, to grant waivers to 
entities in certain markets in appropriate circumstances.
    Two years after the submission of the report, the 
Commission may issue additional regulations to increase the 
number of required hours of video described programming by up 
to 75%, if the Commission determines that the need for and 
benefits of providing additional video description for video 
programming are greater than the technical and economic costs 
of providing such additional descriptions.
    Nine years after the date of enactment of the Act, the 
Commission shall submit an additional report to Congress 
assessing the types of described video programming that are 
available to consumers; consumer use of such programming; the 
costs to program owners, providers, and distributors of 
creating such programming; the benefits to consumers of such 
programming; the amount of such programming currently 
available; and the need for additional described programming. 
Ten years after the date of enactment, the Commission shall 
have the authority to require an increase in the amount of 
available video described programming, including an increase in 
the number of networks required to provide such programming or 
the number of hours required to be provided. Any increase in 
the video description requirement, however, must be based upon 
the findings, conclusions, and recommendations contained in the 
report to Congress issued nine years after enactment.
    Section 202(a) also directs the Commission to complete a 
proceeding to identify methods to convey emergency information 
in a manner that is accessible to individuals who are blind or 
have vision impairments and to promulgate regulations that 
require video programming providers, distributors, and owners 
to convey such information in a manner that is accessible to 
individuals who are blind or have a visual impairment.
    The Committee is aware that emergency alert information is 
inherently local and time sensitive in nature. Therefore it is 
the intention of the Committee that the Commission have 
flexibility with respect to applying the requirements of new 
section 713(g) to the video programming providers, 
distributors, and owners that convey the type of video 
programming that will contain emergency information.
    Section 202(b) directs the Commission to promulgate 
regulations to require the closed captioning of video 
programming delivered using Internet protocol. The regulations 
shall apply only to programming that is published or exhibited 
on television with closed captions after the effective date of 
the regulations and also distributed using Internet protocol. 
The Committee intends, at this time, for the regulations to 
apply to full-length programming and not to video clips or 
outtakes. Section 202(b) provides that an entity may meet the 
requirements of this section through alternative means than 
those prescribed by the regulations promulgated pursuant to 
this section, so long as the Commission determines that the 
requirements of this section are met. The Committee intends to 
afford entities maximum flexibility in meeting the requirement 
that video programming delivered using Internet protocol be 
captioned.
    The Committee elected to apply the captioning requirement 
only prospectively and only to programming that is aired on 
television with captions and also delivered using Internet 
protocol. The Committee notes that an increasing amount of 
video programming is being delivered using Internet protocol 
only on the Internet and without captioning. While the 
Committee declined to apply the captioning requirement to such 
programming, the Committee directs the Commission to study the 
issue and report to the Committee to make recommendations 
regarding whether it is appropriate to apply the captioning 
requirement to web-only programming. To gather additional data 
on the state of the market for captioned Internet-only 
programming, section 202(b) requires broadcast television 
networks and cable television networks to report to the 
Commission, biennially, the number of hours of video 
programming not published or exhibited on television after the 
date of enactment of this Act that was provided on the Internet 
with closed captioning.

Section 203. Closed captioning decoder and video description capability

    Section 203(a) ensures that devices consumers use to view 
video programming are able to display closed captions, decode, 
and make available the transmission of video description 
services, and decode and make available emergency information. 
The Committee recognizes that many devices consumers use to 
view video programming are smaller and often portable. 
Therefore, the Committee provided that devices with screen 
sizes of less than 13 inches need only meet these requirements 
if doing so is achievable.
    The Committee has also given the Commission the express 
authority to waive the requirements of this subsection for any 
device or class of device. As with the waiver provision in new 
section 716(h), the Commission may, at its discretion, waive 
these requirements where, for instance, a consumer typically 
purchases a product for a primary purpose other than viewing 
video programming, and access to such programming is provided 
on an incidental basis.
    Section 203(b) provides that devices designed to record 
video programming enable the rendering or the pass through of 
closed captions, video description, and emergency information, 
if doing so is achievable.
    Section 203(d)(2) provides that an entity may meet the 
requirements of this section using alternate means than those 
prescribed by the regulations promulgated pursuant to this 
section, so long as the Commission determines that the 
requirements of this section are met. The Committee intends to 
afford entities maximum flexibility in meeting the requirement 
that video programming delivered using Internet protocol be 
captioned. Further, the Committee understands that direct 
broadcast satellite (DBS) providers may have different 
technical limitations, such as capacity constraints on spot 
beams used to deliver local signals, than other multichannel 
video programming distributors. The Committee intends that the 
Commission consider these limitations when promulgating 
regulations and, if necessary, provide some flexibility where 
technical constraints exist. For instance, it may be acceptable 
for DBS providers to comply with the requirements of rules 
promulgated under this section by passing through or rendering 
video description on a high-definition spot beam, so long as 
any equipment needed to view this programming is provided to 
subscribers upon request and free of charge and that the 
requesting subscriber can receive the channels in high-
definition format at no additional charge.

Section 204. User interfaces on digital apparatus

    Section 204(a) requires that user interfaces for devices 
used to view video programming be accessible, if doing so is 
achievable. This subsection also requires that remote controls 
for such devices have a button or a substantially equivalent 
mechanism dedicated to activating the closed captioning feature 
and that ``closed captions'' and ``video description'' appear 
on the first menu that appears on any on-screen menu of such a 
device. The purpose of this provision is to ensure ready access 
to these features by persons with disabilities.
    Section 204(b)(2) provides that an entity may meet the 
requirements of this section through alternate means than those 
prescribed by the regulations promulgated pursuant to this 
section, so long as the Commission determines that the 
requirements of this section are met.
    Section 204(c) provides that devices manufactured to 
receive or play back the Advanced Television Systems 
Committee's Mobile DTV Standard A/153 need not comply with the 
provisions of this subsection for two years after the date on 
which such regulations are published in the Federal Register. 
The Committee notes that the market for mobile broadcast DTV 
services and equipment is nascent, and that a limited delay is 
appropriate in this case. The Committee intends that the 
Commission implement this provision in a technologically 
neutral manner.

Section 205. Access to video programming guides and menus provided on 
        navigation devices

    Section 205(a) requires that on-screen text menus and 
guides provided by navigation devices be audibly accessible to 
individuals who are blind or have a visual impairment and that 
the Commission may not prescribe specific technical 
requirements for meeting this subsection. This section also 
provides that when navigation devices include built-in closed 
captioning capability, access to such capability be available 
through a button, key, icon, or any other mechanism that 
provides a substantially equivalent level of functionality.
    Section 205(b)(4) provides that an entity may satisfy the 
requirements of this section through the use of software, a 
peripheral device, or any other solution, so long as such 
solution is provided at no cost and in a reasonable time to the 
requesting individual. It is the Committee's intent that these 
provisions allow providers of navigational devices great 
flexibility in meeting these requirements, while at the same 
time ensuring that individuals with disabilities are not 
burdened with additional costs.

Section 206. Definitions

    Section 206 contains definitions.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                       COMMUNICATIONS ACT OF 1934


TITLE I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

  For the purposes of this Act, unless the context otherwise 
requires--
          (1) Advanced communications services.--The term 
        ``advanced communications services'' means--
                  (A) interconnected VoIP service;
                  (B) non-interconnected VoIP service;
                  (C) electronic messaging service; and
                  (D) video conferencing service.
          [(1)] (2) Affiliate.--The term ``affiliate'' means a 
        person that (directly or indirectly) owns or controls, 
        is owned or controlled by, or is under common ownership 
        or control with, another person. For purposes of this 
        paragraph, the term ``own'' means to own an equity 
        interest (or the equivalent thereof) of more than 10 
        percent.
          [(2)] (3) Amateur station.--The term ``amateur 
        station'' means a radio station operated by a duly 
        authorized person interested in radio technique solely 
        with a personal aim and without pecuniary interest.
          [(3)] (4) AT&T; consent decree.--The term ``AT&T; 
        Consent Decree'' means the order entered August 24, 
        1982, in the antitrust action styled United States v. 
        Western Electric, Civil Action No. 82-0192, in the 
        United States District Court for the District of 
        Columbia, and includes any judgment or order with 
        respect to such action entered on or after August 24, 
        1982.
          [(4)] (5) Bell operating company.--The term ``Bell 
        operating company''--
                  (A)  * * *

           *       *       *       *       *       *       *

          [(5)] (6) Broadcast station.--The term ``broadcast 
        station,'' ``broadcasting station,'' or ``radio 
        broadcast station'' means a radio station equipped to 
        engage in broadcasting as herein defined.
          [(6)] (7) Broadcasting.--The term ``broadcasting'' 
        means the dissemination of radio communications 
        intended to be received by the public, directly or by 
        the intermediary of relay stations.
          [(7)] (8) Cable service.--The term ``cable service'' 
        has the meaning given such term in section 602.
          [(8)] (9) Cable system.--The term ``cable system'' 
        has the meaning given such term in section 602.
          [(9)] (10) Chain broadcasting.--The term ``chain 
        broadcasting'' means simultaneous broadcasting of an 
        identical program by two or more connected stations.
          [(10)] (11) Common carrier.--The term ``common 
        carrier'' or ``carrier'' means any person engaged as a 
        common carrier for hire, in interstate or foreign 
        communication by wire or radio or in interstate or 
        foreign radio transmission of energy, except where 
        reference is made to common carriers not subject to 
        this Act; but a person engaged in radio broadcasting 
        shall not, insofar as such person is so engaged, be 
        deemed a common carrier.
          [(11)] (12) Connecting carrier.--The term 
        ``connecting carrier'' means a carrier described in 
        clauses (2), (3), or (4) of section 2(b).
          [(12)] (13) Construction permit.--The term 
        ``construction permit'' or ``permit for construction'' 
        means that instrument of authorization required by this 
        Act or the rules and regulations of the Commission made 
        pursuant to this Act for the construction of a station, 
        or the installation of apparatus, for the transmission 
        of energy, or communications, or signals by radio, by 
        whatever name the instrument may be designated by the 
        Commission.
          (14) Consumer generated media.--The term ``consumer 
        generated media'' means content created and made 
        available by consumers to web sites, including video, 
        audio, and multimedia content.
          [(13)] (15) Corporation.--The term ``corporation'' 
        includes any corporation, joint-stock company, or 
        association.
          [(14)] (16) Customer premises equipment.--The term 
        ``customer premises equipment'' means equipment 
        employed on the premises of a person (other than a 
        carrier) to originate, route, or terminate 
        telecommunications.
          [(15)] (17) Dialing parity.--The term ``dialing 
        parity'' means that a person that is not an affiliate 
        of a local exchange carrier is able to provide 
        telecommunications services in such a manner that 
        customers have the ability to route automatically, 
        without the use of any access code, their 
        telecommunications to the telecommunications services 
        provider of the customer's designation from among 2 or 
        more telecommunications services providers (including 
        such local exchange carrier).
          (18) 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).
          (19) Electronic messaging service.--The term 
        ``electronic messaging service'' means a service that 
        provides non-voice messages in text form between 
        individuals over communications networks.
          [(16)] (20) Exchange access.--The term ``exchange 
        access'' means the offering of access to telephone 
        exchange services or facilities for the purpose of the 
        origination or termination of telephone toll services.
          [(17)] (21) Foreign communication.--The term 
        ``foreign communication'' or ``foreign transmission'' 
        means communication or transmission from or to any 
        place in the United States to or from a foreign 
        country, or between a station in the United States and 
        a mobile station located outside the United States.
          [(18)] (22) Great lakes agreement.--The term ``Great 
        Lakes Agreement'' means the Agreement for the Promotion 
        of Safety on the Great Lakes by Means of Radio in force 
        and the regulations referred to therein.
          [(19)] (23) Harbor.--The term ``harbor'' or ``port'' 
        means any place to which ships may resort for shelter 
        or to load or unload passengers or goods, or to obtain 
        fuel, water, or supplies. This term shall apply to such 
        places whether proclaimed public or not and whether 
        natural or artifical.
          [(20)] (24) Information service.--The term 
        ``information service'' means the offering of a 
        capability for generating, acquiring, storing, 
        transforming, processing, retrieving, utilizing, or 
        making available information via telecommunications, 
        and includes electronic publishing, but does not 
        include any use of any such capability for the 
        management, control, or operation of a 
        telecommunications system or the management of a 
        telecommunications service.
          (25) 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.
          [(21)] (26) Interlata service.--The term ``interLATA 
        service'' means telecommunications between a point 
        located in a local access and transport area and a 
        point located outside such area.
          [(22)] (27) Interstate communication.--The term 
        ``interstate communication'' or ``interstate 
        transmission'' means communication or transmission (A) 
        from any State, Territory, or possession of the United 
        States (other than the Canal Zone), or the District of 
        Columbia, to any other State, Territory, or possession 
        of the United States (other than the Canal Zone), or 
        the District of Columbia, (B) from or to the United 
        States to or from the Canal Zone, insofar as such 
        communication or transmission takes place within the 
        United States, or (C) between points within the United 
        States but through a foreign country; but shall not, 
        with respect to the provisions of title II of this Act 
        (other than section 223 thereof), include wire or radio 
        communication between points in the same State, 
        Territory, or possession of the United States, or the 
        District of Columbia, through any place outside 
        thereof, if such communication is regulated by a State 
        commission.
          [(23)] (28) Land station.--The term ``land station'' 
        means a station, other than a mobile station, used for 
        radio communication with mobile stations.
          [(24)] (29) Licensee.--The term ``licensee'' means 
        the holder of a radio station license granted or 
        continued in force under authority of this Act.
          [(25)] (30) Local access and transport area.--The 
        term ``local access and transport area'' or ``LATA'' 
        means a contiguous geographic area--
                  (A)  * * *

           *       *       *       *       *       *       *

          [(26)] (31) Local exchange carrier.--The term ``local 
        exchange carrier'' means any person that is engaged in 
        the provision of telephone exchange service or exchange 
        access. Such term does not include a person insofar as 
        such person is engaged in the provision of a commercial 
        mobile service under section 332(c), except to the 
        extent that the Commission finds that such service 
        should be included in the definition of such term.
          [(27)] (32) Mobile service.--The term ``mobile 
        service'' means a radio communication service carried 
        on between mobile stations or receivers and land 
        stations, and by mobile stations communicating among 
        themselves, and includes (A) both one-way and two-way 
        radio communication services, (B) a mobile service 
        which provides a regularly interacting group of base, 
        mobile, portable, and associated control and relay 
        stations (whether licensed on an individual, 
        cooperative, or multiple basis) for private one-way or 
        two-way land mobile radio communications by eligible 
        users over designated areas of operation, and (C) any 
        service for which a license is required in a personal 
        communications service established pursuant to the 
        proceeding entitled ``Amendment to the Commission's 
        Rules to Establish New Personal Communications 
        Services'' (GEN Docket No. 90-314; ET Docket No. 92-
        100), or any successor proceeding.
          [(28)] (33) Mobile station.--The term ``mobile 
        station'' means a radio-communication station capable 
        of being moved and which ordinarily does move.
          [(29)] (34) Network element.--The term ``network 
        element'' means a facility or equipment used in the 
        provision of a telecommunications service. Such term 
        also includes features, functions, and capabilities 
        that are provided by means of such facility or 
        equipment, including subscriber numbers, databases, 
        signaling systems, and information sufficient for 
        billing and collection or used in the transmission, 
        routing, or other provision of a telecommunications 
        service.
          (35) 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.
          [(30)] (36) Number portability.--The term ``number 
        portability'' means the ability of users of 
        telecommunications services to retain, at the same 
        location, existing telecommunications numbers without 
        impairment of quality, reliability, or convenience when 
        switching from one telecommunications carrier to 
        another.
          [(31)] (37)(A) Operator.--The term ``operator'' on a 
        ship of the United States means, for the purpose of 
        parts II and III of title III of this Act, a person 
        holding a radio operator's license of the proper class 
        as prescribed and issued by the Commission.

           *       *       *       *       *       *       *

          [(32)] (38) Person.--The term ``person'' includes an 
        individual, partnership, association, joint-stock 
        company, trust, or corporation.
          [(33)] (39) Radio communication.--The term ``radio 
        communication'' or ``communication by radio'' means the 
        transmission by radio of writing, signs, signals, 
        pictures, and sounds of all kinds, including all 
        instrumentalities, facilities, apparatus, and services 
        (among other things, the receipt, forwarding, and 
        delivery of communications) incidental to such 
        transmission.
          [(34)] (40)(A) Radio officer.--The term ``radio 
        officer'' on a ship of the United States means, for the 
        purpose of part II of title III of this Act, a person 
        holding at least a first or second class radiotelegraph 
        operator's license as prescribed and issued by the 
        Commission. When such person is employed to operate a 
        radiotelegraph station aboard a ship of the United 
        States, he is also required to be licensed as a ``radio 
        officer'' in accordance with the Act of May 12, 1948 
        (46 U.S.C. 229a-h).

           *       *       *       *       *       *       *

          [(35)] (41) Radio station.--The term ``radio 
        station'' or ``station'' means a station equipped to 
        engage in radio communication or radio transmission of 
        energy.
          [(36)] (42) Radiotelegraph auto alarm.--The term 
        ``radiotelegraph auto alarm'' on a ship of the United 
        States subject to the provisions of part II of title 
        III of this Act means an automatic alarm receiving 
        apparatus which responds to the radiotelegraph alarm 
        signal and has been approved by the Commission. 
        ``Radiotelegraph auto alarm'' on a foreign ship means 
        an automatic alarm receiving apparatus which responds 
        to the radiotelegraph alarm signal and has been 
        approved by the government of the country in which the 
        ship is registered: Provided, That the United States 
        and the country in which the ship is registered are 
        parties to the same treaty, convention, or agreement 
        prescribing the requirements for such apparatus. 
        Nothing in this Act or in any other provision of law 
        shall be construed to require the recognition of a 
        radiotelegraph auto alarm as complying with part II of 
        title III of this Act, on a foreign ship subject to 
        such part, where the country in which the ship is 
        registered and the United States are not parties to the 
        same treaty, convention, or agreements prescribing the   
        requirements for such apparatus.
          [(37)] (43) Rural telephone company.--The term 
        ``rural telephone company'' means a local exchange 
        carrier operating entity to the extent that such 
        entity--
                  (A)  * * *

           *       *       *       *       *       *       *

          [(38)] (44) Safety convention.--The term ``safety 
        convention'' means the International Convention for the 
        Safety of Life at Sea in force and the regulations 
        referred to therein.
          [(39)] (45)(A) Ship.--The term ``ship'' or ``vessel'' 
        includes every description of watercraft or other 
        artificial contrivance, except aircraft, used or 
        capable of being used as a means of transportation on 
        water, whether or not it is actually afloat.

           *       *       *       *       *       *       *

          [(40)] (46) State.--The term ``State'' includes the 
        District of Columbia and the Territories and 
        possessions.
          [(41)] (47) State commission.--The term ``State 
        commission'' means the commission, board, or official 
        (by whatever name designated) which under the laws of 
        any State has regulatory jurisdiction with respect to 
        intrastate operations of carriers.
          [(42)] (48) Station license.--The term ``station 
        license,'' ``radio station license,'' or ``license'' 
        means that instrument of authorization required by this 
        Act or the rules and regulations of the Commission made 
        pursuant to this Act, for the use or operation of 
        apparatus for transmission of energy, or 
        communications, or signals by radio by whatever name 
        the instrument may be designated by the Commission.
          [(43)] (49) Telecommunications.--The term 
        ``telecommunications'' means the transmission, between 
        or among points specified by the user, of information 
        of the user's choosing, without change in the form or 
        content of the information as sent and received.
          [(44)] (50) Telecommunications carrier.--The term 
        ``telecommunications carrier'' means any provider of 
        telecommunications services, except that such term does 
        not include aggregators of telecommunications services 
        (as defined in section 226). A telecommunications 
        carrier shall be treated as a common carrier under this 
        Act only to the extent that it is engaged in providing 
        telecommunications services, except that the Commission 
        shall determine whether the provision of fixed and 
        mobile satellite service shall be treated as common 
        carriage.
          [(45)] (51) Telecommunications equipment.--The term 
        ``telecommunications equipment'' means equipment, other 
        than customer premises equipment, used by a carrier to 
        provide telecommunications services, and includes 
        software integral to such equipment (including 
        upgrades).
          [(46)] (52) Telecommunications service.--The term 
        ``telecommunications service'' means the offering of 
        telecommunications for a fee directly to the public, or 
        to such classes of users as to be effectively available 
        directly to the public, regardless of the facilities 
        used.
          [(47)] (53) Telephone exchange service.--The term 
        ``telephone exchange service'' means (A) service within 
        a telephone exchange, or within a connected system of 
        telephone exchanges within the same exchange area 
        operated to furnish to subscribers intercommunicating 
        service of the character ordinarily furnished by a 
        single exchange, and which is covered by the exchange 
        service charge, or (B) comparable service provided 
        through a system of switches, transmission equipment, 
        or other facilities (or combination thereof) by which a 
        subscriber can originate and terminate a 
        telecommunications service.
          [(48)] (54) Telephone toll service.--The term 
        ``telephone toll service'' means telephone service 
        between stations in different exchange areas for which 
        there is made a separate charge not included in 
        contracts with subscribers for exchange service.
          [(49)] (55) Television service.--
                  (A)  * * *

           *       *       *       *       *       *       *

          [(50)] (56) Transmission of energy by radio.--The 
        term ``transmission of energy by radio'' or ``radio 
        transmission of energy'' includes both such 
        transmission and all instrumentalities, facilities, and 
        services incidental to such transmission.
          [(51)] (57) United states.--The term ``United 
        States'' means the several States and Territories, the 
        District of Columbia, and the possessions of the United 
        States, but does not include the Canal Zone.
          (58) Video conferencing service.--The term ``video 
        conferencing service'' means a service that provides 
        real-time video communications, including audio, to 
        enable users to share information of the user's 
        choosing.
          [(52)] (59) Wire communication.--The term ``wire 
        communication'' or ``communication by wire'' means the 
        transmission of writing, signs, signals, pictures, and 
        sounds of all kinds by aid of wire, cable, or other 
        like connection between the points of origin and 
        reception of such transmission, including all 
        instrumentalities, facilities, apparatus, and services 
        (among other things, the receipt, forwarding, and 
        delivery of communications) incidental to such 
        transmission.

           *       *       *       *       *       *       *


                       TITLE II--COMMON CARRIERS

PART I--COMMON CARRIER REGULATION

           *       *       *       *       *       *       *


SEC. 225. TELECOMMUNICATIONS SERVICES FOR HEARING-IMPAIRED AND SPEECH-
                    IMPAIRED INDIVIDUALS.

  (a) Definitions.--As used in this section--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Telecommunications relay services.--The term 
        ``telecommunications relay services'' means telephone 
        transmission services that provide the ability for an 
        individual who has a hearing impairment or speech 
        impairment to engage in communication by wire or radio 
        with a hearing individual in a manner that is 
        functionally equivalent to the ability of an individual 
        who does not have a hearing impairment or speech 
        impairment to communicate using voice communication 
        services by wire or radio. Such term includes services 
        that enable two-way communication between an individual 
        who uses a TDD or other nonvoice terminal device and an 
        individual who does not use such a device.]
          (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.

           *       *       *       *       *       *       *

  (h) Telecommunications Relay Services Policy Advisory 
Council.--
          (1) In general.--Not later than 6 months after the 
        date of enactment of the Twenty-First Century 
        Communications and Video Accessibility Act of 2010, the 
        Chairman of the Commission shall establish an advisory 
        committee to be known as the Telecommunications Relay 
        Services Policy Advisory Council (in this section 
        referred to as the ``Policy Advisory Council'') and 
        shall require the Policy Advisory Council--
                  (A) to conduct their meetings in a manner 
                that is open to the public;
                  (B) to make a complete and comprehensive 
                record of such proceedings publicly available;
                  (C) to establish safeguards to identify and 
                mitigate conflicts of interest with respect to 
                members of the Policy Advisory Council; and
                  (D) to advise the Commission in the 
                development or proposal of any major changes or 
                new rules relating to telecommunications relay 
                services;
          (2) Membership.--As soon as practicable after the 
        date of enactment of the Twenty-First Century 
        Communications and Video Accessibility Act of 2010, the 
        Chairman of the Commission shall appoint the members of 
        the Policy Advisory Council, ensuring a balance between 
        potential consumers and other stakeholders. Members of 
        the Policy Advisory Council shall be selected from each 
        of the following groups:
                  (A) Individuals who are consumers of 
                telecommunications relay services.
                  (B) Representatives of State commissions with 
                jurisdiction over intrastate telecommunications 
                relay services.
                  (C) Representatives of providers of 
                telecommunications relay services.
          (3) Collection and dissemination of information and 
        advice.--The Commission--
                  (A) shall seek the advice of the Policy 
                Advisory Council in assisting the Commission in 
                developing or proposing any major changes or 
                issuing any new rules relating to 
                telecommunications relay services; and
                  (B) shall, with the advice of the Policy 
                Advisory Council, make all regulations, rules, 
                and orders relating to telecommunications relay 
                services fully and easily accessible to 
                consumers of such services.
  (i) Followup Proceeding.--
          (1) In general.--Not later than 30 months after the 
        date of enactment of the Twenty-First Century 
        Communications and Video Accessibility Act of 2010, the 
        Commission, in consultation with all relevant Federal 
        agencies, shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report--
                  (A) concerning how the Commission is ensuring 
                that telecommunications relay service customers 
                have access to improved technologies, 
                interoperability, and functionalities; and
                  (B) identifying impediments to the broad and 
                efficient use of telecommunications relay 
                services in the workplace.
          (2) Suggestions for workplace adoption.--The 
        Commission shall develop suggestions to facilitate 
        broader and more efficient use of telecommunications 
        relay services in the workplace, including suggestions 
        for facilitating the replacement of outdated end-user 
        telecommunications relay services equipment in public 
        places and government offices.

           *       *       *       *       *       *       *


            TITLE III--SPECIAL PROVISIONS RELATING TO RADIO

PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 303. GENERAL POWERS OF COMMISSION.

  Except as otherwise provided in this Act, the Commission from 
time to time, as public convenience, interest, or necessity 
requires shall--
  (a) * * *

           *       *       *       *       *       *       *

  [(u) Require that apparatus designed to receive television 
pictures broadcast simultaneously with sound be equipped with 
built-in decoder circuitry designed to display closed-captioned 
television transmissions when such apparatus is manufactured in 
the United States or imported for use in the United States, and 
its television picture screen is 13 inches or greater in size.]
  (u) Require that--
          (1) apparatus designed to receive or play back video 
        programming transmitted simultaneously with sound, if 
        such apparatus is manufactured in the United States or 
        imported for use in the United States and uses a 
        picture screen of any size--
                  (A) be equipped with built-in closed caption 
                decoder circuitry or capability designed to 
                display closed-captioned video programming;
                  (B) have the capability to decode and make 
                available the transmission and delivery of 
                video description services as required by 
                regulations reinstated and modified pursuant to 
                section 713(f); and
                  (C) have the capability to decode and make 
                available emergency information (as that term 
                is defined in section 79.2 of title 47, Code of 
                Federal Regulations) in a manner that is 
                accessible to individuals who are blind or have 
                a visual impairment; and
          (2) notwithstanding paragraph (1) of this 
        subsection--
                  (A) apparatus described in such paragraph 
                that use a picture screen that is less than 13 
                inches in size meet the requirements of 
                subparagraphs (A), (B), and (C) of such 
                paragraph only if the requirements of such 
                subparagraphs are achievable (as defined in 
                section 716);
                  (B) any apparatus or class of apparatus that 
                are display-only video monitors with no 
                playback capability are exempt from the 
                requirements of such paragraph; and
                  (C) the Commission shall have the authority 
                to waive the requirements of this subsection 
                for any apparatus or class of apparatus.

           *       *       *       *       *       *       *

  (z) Require that--
          (1) if achievable (as defined in section 716), 
        apparatus designed to record video programming 
        transmitted simultaneously with sound, if such 
        apparatus is manufactured in the United States or 
        imported for use in the United States, enable the 
        rendering or the pass through of closed captions, video 
        description signals, and emergency information (as that 
        term is defined in section 79.2 of title 47, Code of 
        Federal Regulations) so that viewers are able to 
        activate and de-activate the closed captions and video 
        description as the video programming is played back on 
        a picture screen of any size; and
          (2) interconnection mechanisms and standards for 
        digital video source devices are available to carry 
        from the source device to the consumer equipment the 
        information necessary to permit the display of closed 
        captions and to make encoded video description and 
        emergency information audible.
  (aa) Require--
          (1) if achievable (as defined in section 716), that 
        digital apparatus designed to receive or play back 
        video programming, that are shipped in interstate 
        commerce or manufactured in the United States, 
        transmitted in digital format simultaneously with 
        sound, including apparatus designed to receive or 
        display video programming transmitted in digital format 
        using Internet protocol, be designed, developed, and 
        fabricated so that control of all built-in apparatus 
        functions are accessible to and usable by individuals 
        with disabilities;
          (2) that if on-screen text menus or other visual 
        indicators built in to the digital apparatus are used 
        to access the functions of the apparatus described in 
        paragraph (1), such functions shall be accompanied by 
        audio output that is either integrated or peripheral to 
        the apparatus, so that such menus or indicators are 
        accessible to and usable by individuals who are blind 
        or have a visual impairment in real-time;
          (3) that built-in user controls on such apparatus 
        shall be capable of accessing closed captioning, 
        including--
                  (A) if a remote control is provided with the 
                apparatus--
                          (i) a button, key, or icon on the 
                        remote control of such apparatus 
                        designated for activating closed 
                        captioning; or
                          (ii) any other mechanism that 
                        provides a substantially equivalent 
                        level of accessibility; and
                  (B) if on-screen menus are displayed on such 
                apparatus--
                          (i) the inclusion of ``closed 
                        captions'' and ``video description'' on 
                        the first menu that appears; or
                          (ii) any other mechanism that 
                        provides a substantially equivalent 
                        level of accessibility; and
          (4) that in applying this subsection the term 
        ``apparatus'' does not include a navigation device, as 
        such term is defined in section 76.1200 of title 47, 
        Code of Federal Regulations.
  (bb) Require--
          (1) if achievable (as defined in section 716), that 
        the on-screen text menus and guides provided by 
        navigation devices (as such term is defined in section 
        76.1200 of title 47, Code of Federal Regulations) for 
        the display or selection of multichannel video 
        programming are audibly accessible in real-time upon 
        request by individuals who are blind or have a visual 
        impairment, except that the Commission may not specify 
        the technical standards, protocols, procedures, and 
        other technical requirements for meeting this 
        requirement; and
          (2) for navigation devices with built-in closed 
        captioning capability, access to such capability 
        through a button, key, or icon designated for 
        activating the closed captioning, or through any other 
        mechanism that provides a substantially equivalent 
        level of accessibility.

           *       *       *       *       *       *       *


SEC. 330. PROHIBITION AGAINST SHIPMENT OF CERTAIN TELEVISION RECEIVERS.

  (a) * * *
  (b) No person shall ship in interstate commerce, manufacture, 
assemble, or import from any foreign country into the United 
States, any apparatus described in [section 303(u)] subsections 
(u) and (z) of section 303 of this Act except in accordance 
with rules prescribed by the Commission pursuant to the 
authority granted by that section. [Such rules shall provide 
performance and display standards for such built-in decoder 
circuitry.] 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. Such rules shall further require that all such 
apparatus be able to receive and display closed captioning 
which have been transmitted by way of line 21 of the vertical 
blanking interval and which conform to the signal and display 
specifications set forth in the Public Broadcasting System 
engineering report numbered E-7709-C dated May 1980, as amended 
by the Telecaption II Decoder Module Performance Specification 
published by the National Captioning Institute, November 1985. 
As new video technology is developed, the Commission shall take 
such action as the Commission determines appropriate to ensure 
that [closed-captioning service continues] closed-captioning 
service and video description service continue to be available 
to consumers. This subsection shall not apply to carriers 
transporting such apparatus without trading it.

           *       *       *       *       *       *       *


TITLE IV--PROCEDURAL AND ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *


SEC. 402. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF 
                    THE COMMISSION.

  (a) * * *
  (b) Appeals may be taken from decisions and orders of the 
Commission to the United States Court of Appeals for the 
District of Columbia in any of the following cases:
  (1) * * *

           *       *       *       *       *       *       *

  (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).

           *       *       *       *       *       *       *


TITLE V--PENAL PROVISIONS--FORFEITURES

           *       *       *       *       *       *       *


SEC. 503. FORFEITURES IN CASES OF REBATES AND OFFSETS.

  (a) * * *
  (b)(1) * * *
  (2)(A) * * *

           *       *       *       *       *       *       *

  (F) Subject to paragraph (5) of this section, if the violator 
is a manufacturer or service provider subject to the 
requirements of section 255 or 716, and is determined by the 
Commission to have violated any such requirement, the 
manufacturer or provider shall be liable to the United States 
for a forfeiture penalty of not more than $100,000 for each 
violation or each day of a continuing violation, except that 
the amount assessed for any continuing violation shall not 
exceed a total of $1,000,000 for any single act or failure to 
act.

           *       *       *       *       *       *       *


TITLE VII--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 710. TELEPHONE SERVICE FOR THE DISABLED.

  (a) * * *
  [(b)(1) Except as provided in paragraphs (2) and (3), the 
Commission shall require that--
          [(A) all essential telephones, and
          [(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,]
  (b)(1) Except as provided in paragraphs (2) and (3) and 
subsection (c), the Commission shall require that customer 
premises equipment described in this paragraph provide internal 
means for effective use with hearing aids that are designed to 
be compatible with telephones which meet established technical 
standards for hearing aid compatibility. Customer premises 
equipment described in this paragraph are the following:
          (A) All essential telephones.
          (B) All telephones manufactured in the United States 
        (other than for export) more than one year after the 
        date of enactment of the Hearing Aid Compatibility Act 
        of 1988 or imported for use in the United States more 
        than one year after such date.
          (C) All customer premises equipment used with 
        advanced communications services that is designed to 
        provide 2-way voice communications via a built-in 
        speaker intended to be held to the ear in a manner 
        functionally equivalent to a telephone, subject to the 
        regulations prescribed by the Commission under 
        subsection (e).
  (2)(A) The [initial] regulations prescribed by the Commission 
under paragraph (1) [of this subsection after the date of 
enactment of the Hearing Aid Compatibility Act of 1988] shall 
exempt from the requirements established pursuant to [paragraph 
(1)(B) of this subsection] subparagraphs (B) and (C) of 
paragraph (1) only--
          (i) * * *
          (ii) telephones used with private radio services; and
          [(iii) cordless telephones; and]
          [(iv)] (iii) secure telephones.
  [(B) The exemption provided by such regulations for cordless 
telephones shall not apply with respect to cordless telephones 
manufactured or imported more than three years after the date 
of enactment of the Hearing Aid Compatibility Act of 1988.]
  [(C) The Commission shall periodically assess the 
appropriateness of continuing in effect the exemptions provided 
by such regulations for telephones used with public mobile 
services and telephones used with private radio services.] (B) 
The Commission shall periodically assess the appropriateness of 
continuing in effect the exemptions for telephones and other 
customer premises equipment described in subparagraph (A) of 
this paragraph. The Commission shall revoke or otherwise limit 
any such exemption if the Commission determines that--
          (i)   * * *

           *       *       *       *       *       *       *

          (iii) compliance with the requirements of [paragraph 
        (1)(B)] subparagraph (B) or (C) of paragraph (1) is 
        technologically feasible for the telephones to which 
        the exemption applies; and
          (iv) compliance with the requirements of [paragraph 
        (1)(B)] subparagraph (B) or (C) of paragraph (1) would 
        not increase costs to such an extent that the 
        telephones to which the exemption applies could not be 
        successfully marketed.

           *       *       *       *       *       *       *

  (4) For purposes of this subsection--
          (A)   * * *
          (B) the term ``[public mobile] telephones used with 
        public mobile services'' means telephones and other 
        customer premises equipment used in whole or in part 
        with air-to-ground radiotelephone services, cellular 
        radio telecommunications services, offshore radio, 
        rural radio service, public land mobile telephone 
        service, [and] or other common carrier radio 
        communication services covered by [part 22 of] title 47 
        of the Code of Federal Regulations, or any functionally 
        equivalent unlicensed wireless services;
          (C) the [term ``private radio services''] term 
        ``telephones used with private radio services'' means 
        telephones and other customer premises equipment used 
        in whole or in part with   private land mobile radio 
        services and other communications services 
        characterized by the Commission in its rules as private 
        radio services; and

           *       *       *       *       *       *       *

  (c) The Commission shall establish or approve such technical 
standards as are required to enforce this section. 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.

           *       *       *       *       *       *       *

  (e) In any rulemaking to implement the provisions of this 
section, the Commission shall specifically consider the costs 
and benefits to all telephone users, including persons with and 
without hearing [impairments] loss. The Commission shall ensure 
that regulations adopted to implement this section encourage 
the use of currently available technology and do not discourage 
or impair the development of improved technology. 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.

           *       *       *       *       *       *       *

  [(h) The Commission shall delegate to each State commission 
the authority to enforce within such State compliance with the 
specific regulations that the Commission issues under 
subsections (a) and (b), conditioned upon the adoption and 
enforcement of such regulations by the State commission.]
  (h) Rule of Construction.--Nothing in the Twenty-First 
Century Communications and Video Accessibility Act of 2010 
shall be construed to modify the Commission's regulations set 
forth in section 20.19 of title 47 of the Code of Federal 
Regulations, as in effect on the date of enactment of such Act.

           *       *       *       *       *       *       *


SEC. 713. VIDEO PROGRAMMING ACCESSIBILITY.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Deadlines for Captioning.-- Such regulations shall 
include an appropriate schedule of deadlines for the provision 
of closed captioning of video programming.]
  (c) Deadlines for Captioning.--
          (1) In general.--The regulations prescribed pursuant 
        to subsection (b) shall include an appropriate schedule 
        of deadlines for the provision of closed captioning of 
        video programming published or exhibited on television.
          (2) Deadlines for programming delivered using 
        internet protocol.--
                  (A) Regulations on closed captioning on video 
                programming delivered using internet 
                protocol.--Not later than 6 months after the 
                submission of the report to the Commission 
                required by section 201(e)(1) of the Twenty-
                First Century Communications and Video 
                Accessibility Act of 2010, the Commission shall 
                promulgate regulations to require the provision 
                of closed captioning on video programming 
                delivered using Internet protocol.
                  (B) Schedule.--The regulations prescribed 
                under this paragraph shall include an 
                appropriate schedule of decoding for the 
                provision of closed captioning, taking into 
                account whether such programming is prerecorded 
                and edited for Internet distribution, or 
                whether such programming is live or near-live 
                and not edited for Internet distribution.
                  (C) Cost.--The Commission may delay or waive 
                the regulation promulgated under subparagraph 
                (A) to the extent the Commission finds that the 
                application of the regulation to live video 
                programming delivered using Internet protocol 
                would be economically burdensome to providers 
                of video programming or program owners.
                  (D) Requirements for regulations.--
                          (i) In general.--The regulations 
                        prescribed under this paragraph--
                                  (I) shall contain a 
                                definition of ``near-live 
                                programming'' and ``edited for 
                                Internet distribution'';
                                  (II) may exempt any service, 
                                class of service, program, 
                                class of program, equipment, or 
                                class of equipment for which 
                                the Commission has determined 
                                that the application of such 
                                regulations would be 
                                economically burdensome to the 
                                provider of such service, 
                                program, or equipment;
                                  (III) shall provide that de 
                                minimis failure to comply with 
                                such regulations by a provider 
                                of video programming or program 
                                owner shall not be treated as a 
                                violation of the regulations; 
                                and
                                  (IV) shall only apply to 
                                video programming that is 
                                transmitted for display on 
                                television with closed 
                                captioning after the effective 
                                date of the regulations issued 
                                pursuant to this section.
                          (ii) Alternate means.--An entity may 
                        meet the requirements of this section 
                        through alternate means than those 
                        prescribed by regulations pursuant to 
                        paragraph (1) if the requirements of 
                        this section are met, as determined by 
                        the Commission.
  (d) Exemptions.--Notwithstanding subsection (b)--
          (1) * * *

           *       *       *       *       *       *       *

          [(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 result in 
        an undue burden.]
          (3)(A) a provider of video programming or program 
        owner may petition the Commission for an exemption from 
        the requirements of this section;
          (B) the Commission may grant such petition upon a 
        showing that the requirements contained in this section 
        would be economically burdensome;
          (C) during the pendency of such a petition, such 
        provider or owner shall be exempt from the requirements 
        of this section; and
          (D) the Commission shall act to grant or deny any 
        such petition, in whole or in part, within 6 months 
        after the Commission receives such petition, unless the 
        Commission finds that an extension of the 6-month 
        period is necessary to determine whether such 
        requirements are economically burdensome.

           *       *       *       *       *       *       *

  [(f) Video Descriptions Inquiry.-- Within 6 months after the 
date of enactment of the Telecommunications Act of 1996, the 
Commission shall commence an inquiry to examine the use of 
video descriptions on video programming in order to ensure the 
accessibility of video programming to persons with visual 
impairments, and report to Congress on its findings. The 
Commission's report shall assess appropriate methods and 
schedules for phasing video descriptions into the marketplace, 
technical and quality standards for video descriptions, a 
definition of programming for which video descriptions would 
apply, and other technical and legal issues that the Commission 
deems appropriate.
  [(g) Video Description.-- For purposes of this section, 
``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.]
  (f) Video Description.--
          (1) Reinstatement of regulations.--On the day that is 
        1 year after the date of enactment of the Twenty-First 
        Century Communications and Video Accessibility Act of 
        2010, the Commission shall, after a rulemaking, 
        reinstate its video description regulations contained 
        in the Implementation of Video Description of Video 
        Programming Report and Order (15 F.C.C.R. 15,230 
        (2000)), modified as provided in paragraph (2).
          (2) Modifications to reinstated regulations.--Such 
        regulations shall be modified only as follows:
                  (A) The regulations shall apply to video 
                programming, as defined in subsection (i), 
                insofar as such programming is transmitted for 
                display on television in digital format.
                  (B) The Commission shall update the list of 
                the top 25 Designated Market Areas, the list of 
                the top 5 national nonbroadcast networks that 
                have at least 50 hours per quarter of prime 
                time programming that is not exempt under this 
                paragraph, and the designation of the beginning 
                calendar quarter for which compliance shall be 
                calculated.
                  (C) The regulations may permit a provider of 
                video programming or a program owner to 
                petition the Commission for an exemption from 
                the requirements of this section upon a showing 
                that the requirements contained in this section 
                would be economically burdensome.
                  (D) The Commission may exempt from the 
                regulations established pursuant to paragraph 
                (1) a service, class of services, program, 
                class of programs, equipment, or class of 
                equipment for which the Commission has 
                determined that the application of such 
                regulations would be economically burdensome 
                for the provider of such service, program, or 
                equipment.
                  (E) The regulations shall not apply to live 
                or near-live programming.
                  (F) The regulations shall provide for an 
                appropriate phased schedule of deadlines for 
                compliance.
          (3) Inquiries on further video description 
        requirements.--The Commission shall commence the 
        following inquiries not later than 1 year after the 
        completion of the phase-in of the reinstated 
        regulations and shall report to Congress 1 year 
        thereafter on the findings for each of the following:
                  (A) Video description in television 
                programming.--The availability, use, and 
                benefits of video description on video 
                programming distributed on television, the 
                technical and creative issues associated with 
                providing such video description, and the 
                financial costs of providing such video 
                description for providers of video programming 
                and program owners.
                  (B) Video description in video programming 
                distributed on the internet.--The technical and 
                operational issues, costs, and benefits of 
                providing video descriptions for video 
                programming that is delivered using Internet 
                protocol.
          (4) Continuing commission authority.--
                  (A) In general.--The Commission may issue 
                additional regulations if the Commission 
                determines, at least 2 years after completing 
                the reports required in paragraph (3), that the 
                need for and benefits of providing video 
                descriptions for video programming, insofar as 
                such programming is transmitted for display on 
                television, are greater than the technical and 
                economic costs of providing such additional 
                programming. If the Commission makes such a 
                determination and issues additional 
                regulations, the Commission may increase, in 
                total, the hours requirement for described 
                video programming, insofar as such programming 
                is transmitted for display on television, up to 
                75 percent of the requirement in the 
                regulations reinstated under paragraph (1).
                  (B) Further requirements.--
                          (i) Report.--Nine years after the 
                        date of enactment of the Twenty-First 
                        Century Communications and Video 
                        Accessibility Act of 2010, the 
                        Commission shall submit to the 
                        Committee on Energy and Commerce of the 
                        House of Representatives and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate a report 
                        assessing--
                                  (I) the types of described 
                                video programming that is 
                                available to consumers;
                                  (II) consumer use of such 
                                programming;
                                  (III) the costs to program 
                                owners, providers, and 
                                distributors of creating such 
                                programming;
                                  (IV) the benefits to 
                                consumers of such programming;
                                  (V) the amount of such 
                                programming currently 
                                available; and
                                  (VI) the need for additional 
                                described programming.
                          (ii) Increased availability.--Ten 
                        years after the date of enactment of 
                        the Twenty-First Century Communications 
                        and Video Accessibility Act of 2010, 
                        the Commission shall have the 
                        authority, based upon the findings, 
                        conclusions, and recommendations 
                        contained in the report under clause 
                        (i), to increase the availability of 
                        such programming.
                  (C) Application to designated market areas.--
                          (i) In general.--After the Commission 
                        completes the study on video 
                        description, the Commission shall phase 
                        in the video description regulations 
                        for all designated market areas, except 
                        that the Commission may grant waivers 
                        to entities in specific designated 
                        market areas where it deems 
                        appropriate.
                          (ii) Phase-in deadline.--The phase-in 
                        described under clause (i) shall be 
                        completed not later than 6 years after 
                        the date of enactment of the Twenty-
                        First Century Communications and Video 
                        Accessibility Act of 2010.
  (g) Emergency Information.--Not later than 1 year after the 
Video Programming and Emergency Access Advisory Committee 
report under section 201(e)(2) of the Twenty-First Century 
Communications and Video Accessibility Act of 2010 is submitted 
to the Commission, the Commission shall complete a proceeding 
to--
          (1) identify methods to convey emergency information 
        (as that term is defined in section 79.2 of title 47, 
        Code of Federal Regulations) in a manner accessible to 
        individuals who are blind or have a visual impairment; 
        and
          (2) promulgate regulations that require video 
        programming providers and video programming 
        distributors (as those terms are defined in section 
        79.1 of title 47, Code of Federal Regulations) and 
        program owners to convey such emergency information in 
        a manner accessible to individuals who are blind or 
        have a visual impairment.
  (h) Responsibilities.--
          (1) Video programming owner.--A video programming 
        owner shall ensure that any closed captioning and video 
        description required pursuant to this section is 
        provided in accordance with the technical standards, 
        protocols, and procedures established by the 
        Commission.
          (2) Video programming provider or distributor.--A 
        video programming provider or video programming 
        distributor shall be deemed in compliance with this 
        section and the rules and regulation promulgated 
        thereunder if such provider or distributor enables the 
        rendering or the pass through of closed captions and 
        video description signals.
  (i) Definitions.--For purposes of this section, section 303, 
and section 330:
          (1) Video description.--The term ``video 
        description'' means the insertion of audio narrated 
        descriptions of a television program's key visual 
        elements into natural pauses between the program's 
        dialogue.
          (2) Video programming.--The term ``video 
        programming'' has the meaning given such term in 
        section 602.
  [(h)] (j) Private Rights of Actions Prohibited.--Nothing in 
this section shall be construed to authorize any private right 
of action to enforce any requirement of this section or any 
regulation thereunder. The Commission shall have exclusive 
jurisdiction with respect to any complaint under this 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. 716. ACCESS TO INTERNET-BASED EQUIPMENT AND SERVICES.

  (a) Access to Equipment.--
          (1) Right to accessible equipment.--With respect to 
        equipment manufactured after the effective date of the 
        regulations established pursuant to this section, and 
        subject to those regulations, a manufacturer of 
        equipment used for advanced communications, including 
        end user equipment, network equipment, and software, 
        shall ensure that such equipment that such manufacturer 
        offers for sale or otherwise distributes in interstate 
        commerce shall be accessible to and usable by 
        individuals with disabilities, unless doing so is not 
        achievable.
          (2) Industry flexibility.--A manufacturer of 
        equipment may satisfy the requirements of paragraph (1) 
        with respect to such equipment by--
                  (A) ensuring that the equipment that such 
                manufacturer offers is accessible to and usable 
                by individuals with disabilities without the 
                use of third party applications, peripheral 
                devices, software, hardware, or customer 
                premises equipment; or
                  (B) if such manufacturer chooses, using third 
                party applications, peripheral devices, 
                software, hardware, or customer premises 
                equipment that is available to the consumer at 
                nominal cost and that individuals with 
                disabilities can access.
  (b) Access to Services.--
          (1) Right to accessible services.--With respect to 
        advanced communications services offered after the 
        effective date of the regulations established pursuant 
        to this section, and subject to those regulations, a 
        provider of services used for advanced communications 
        shall ensure that such services that such provider 
        offers for sale or otherwise distributes in interstate 
        commerce shall be accessible to and usable by 
        individuals with disabilities, unless doing so is not 
        achievable.
          (2) Industry flexibility.--A provider of services may 
        satisfy the requirements of paragraph (1) with respect 
        to such services by--
                  (A) ensuring that the services that such 
                provider offers are accessible to and usable by 
                individuals with disabilities without the use 
                of third party applications, peripheral 
                devices, software, hardware, or customer 
                premises equipment; or
                  (B) if such provider chooses, using third 
                party applications, peripheral devices, 
                software, hardware, or customer premises 
                equipment that is available to the consumer at 
                nominal cost and that individuals with 
                disabilities can access.
  (c) Compatibility.--Whenever the requirements of subsection 
(a) are not achievable for a manufacturer, or the requirements 
of subsection (b) are not achievable for a provider, a 
manufacturer or provider shall ensure that its equipment or 
service is compatible with peripheral devices or specialized 
customer premises equipment commonly used by individuals with 
disabilities to achieve access, unless the requirement of this 
subsection is not achievable.
  (d) Network Features, Functions, and Capabilities.--Each 
provider of advanced communications services has the duty not 
to install network features, functions, or capabilities that 
impede accessibility or usability of advanced communications 
services.
  (e) Regulations.--
          (1) In general.--Within one year after the date of 
        enactment of the Twenty-First Century Communications 
        and Video Accessibility Act of 2010, the Commission 
        shall promulgate such regulations as are necessary to 
        implement this section. In prescribing the regulations, 
        the Commission shall--
                  (A) include performance objectives to ensure 
                the accessibility, usability, and compatibility 
                of advanced communications services and the 
                equipment used for advanced communications 
                services by individuals with disabilities;
                  (B) provide that advanced communications 
                services, the equipment used for advanced 
                communications services, and networks used to 
                provide advanced communications services may 
                not impair or impede the accessibility of 
                information content when accessibility has been 
                incorporated into that content for transmission 
                through advanced communications services, 
                equipment used for advanced communications 
                services, or networks used to provide advanced 
                communications services; and
                  (C) determine the obligations under this 
                section of manufacturers, service providers, 
                and providers of applications.
          (2) Prospective guidelines.--The Commission shall 
        issue prospective guidelines for a manufacturer or 
        provider regarding the requirements of this section.
  (f) Services and Equipment Subject to Section 255.--The 
requirements of this section shall not apply to any equipment 
or services, including interconnected VoIP service, that are 
subject to the requirements of section 255 on the day before 
the date of enactment of the Twenty-First Century 
Communications and Video Accessibility Act of 2010. Such 
services and equipment shall remain subject to the requirements 
of section 255.
  (g) Achievable Defined.--For purposes of this section and 
section 717, the term ``achievable'' means with reasonable 
effort or expense, as determined by the Commission. In 
determining whether the requirements of a provision are 
achievable, the Commission shall consider the following 
factors:
          (1) The nature and cost of the steps needed to meet 
        the requirements of this section with respect to the 
        specific equipment or service in question.
          (2) The impact on the operations of the manufacturer 
        or provider and on the operation of the specific 
        equipment or service in question, including on the 
        development and deployment of new communications 
        technologies.
          (3) The financial resources of the manufacturer or 
        provider.
          (4) The type of operations of the manufacturer or 
        provider.
          (5) The extent to which the service provider or 
        manufacturer in question offers accessible services or 
        equipment containing varying degrees of functionality 
        and features, and offered at differing price points.
  (h) Commission Flexibility.--
          (1) Waiver.--The Commission shall have the authority, 
        on its own motion or in response to a petition by a 
        manufacturer or provider, to waive the requirements of 
        this section for any feature or function of equipment 
        used to provide or access advanced communications 
        services, or for any class of such equipment, that--
                  (A) is capable of accessing an advanced 
                communications service; and
                  (B) is designed for multiple purposes, but is 
                designed primarily for purposes other than 
                using advanced communications services.
          (2) Small entity exemption.--The Commission may 
        exempt small entities from the requirements of this 
        section.
  (i) Customized Equipment or Services.--The provisions of this 
section shall not apply to customized equipment or services 
that are not offered directly to the public, or to such classes 
of users as to be effectively available directly to the public, 
regardless of the facilities used.
  (j) Rule of Construction.--This section shall not be 
construed to require a manufacturer of equipment used for 
advanced communications or a provider of advanced 
communications services to make every feature and function of 
every device or service accessible for every disability.

SEC. 717. ENFORCEMENT AND RECORDKEEPING OBLIGATIONS.

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

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.

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

  (a) In General.--Within 6 months after the date of enactment 
of the Twenty-First Century Communications and Video 
Accessibility Act of 2010, the Commission shall establish rules 
that define as eligible for relay service support those 
programs that are approved by the Commission for the 
distribution of specialized customer premises equipment 
designed to make telecommunications service, Internet access 
service, and advanced communications, including interexchange 
services and advanced telecommunications and information 
services, accessible by low-income individuals who are deaf-
blind.
  (b) Individuals Who Are Deaf-Blind Defined.--For purposes of 
this section, the term ``individuals who are deaf-blind'' has 
the meaning given such term in section 206 of the Helen Keller 
National Center Act (29 U.S.C. 1905).
  (c) Annual Amount.--The total amount of support the 
Commission may provide from its Telecommunications Relay 
Services Fund for any fiscal year may not exceed $10,000,000.