Twenty-first Century Communications and Video Accessibility Act of 2008

April 25, 2008 Draft

110TH CONGRESS
2D SESSION H. R. ___

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

IN THE HOUSE OF REPRESENTATIVES

___ introduced the following bill; which was referred to the Committee on ___

A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Twenty-first Century Communications and Video Accessibility Act of 2008".

(b) TABLE OF CONTENTS.-

Sec. 1. Short title; Table of contents.

TITLE I-COMMUNICATIONS ACCESS

Sec. 101. Definitions.
Sec. 102. Hearing aid compatibility.
Sec. 103. Relay services.
Sec. 104. Access to Internet-based services and equipment.
"Sec. 255A. Access to Internet-based services and equipment.
Sec. 105. Universal service.

SEC. 101. DEFINITIONS.

SECTION 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-

(1) by adding at the end the following new paragraphs:

"(53) DISABILITY.-The term 'disability' has the meaning given such term by section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)).

"(54) INTERCONNECTED VOIP SERVICE.-The term 'interconnected VoIP service' has the meaning given such term by section 9.3 of the Commission's rules (47 CFR 9.3).

"(55) INTERNET-ENABLED COMMUNICATION SERVICE.-The term 'Internet-enabled communication service' means-

"(A) an interconnected VoIP service; or

"(B) a transmission service between or among points specified by the user, of information of the user's choosing, using the Internet protocol (or a successor protocol) if such transmission is for the purpose of enabling bilateral or multilateral voice, text, or video communication, utilization of interactive voice response or voice mail systems, or other similar communications-based applications, and uses-

"(I) an Internet connection from the user's location; and

"(ii) customer premises equipment that is compatible with the Internet protocol (or a successor protocol)."; 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) AMENDMENT.-Section 710(b)(1) of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is amended-

(1) by striking "and" at the end of subparagraph (A);

(2) by inserting "and" after the comma at the end of subparagraph (B); and

(3) by inserting after subparagraph (B) the following new subparagraph:

"(C) all customer premises equipment used to provide an Internet-enabled communication service that provides voice communication via a built-in speaker (typically held to the ear) and that are manufactured in the United States (other than for export) more than one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008 or shipped in interstate commerce in the United States more than one year after such date,".

SEC. 103. RELAY SERVICES.

(a) DEFINITION.-Paragraph (3) of section 225(a) of the Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as follows:

"(3) TELECOMMUNICATIONS RELAY SERVICES.-The term 'telecommunications relay services' means telephone transmission that provides the ability for an individual who is deaf or hard of hearing 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-BASED TELECOMMUNICATIONS RELAY SERVICES.-Section 225 of such Act is further amended-

(1) by inserting "BY COMMON CARRIERS" after

"PROVISION OF SERVICES" in the heading of subsection (c);

(2) by redesignating subsections (e), (f), and(g) as subsections (f), (g), and (h), respectively;

(3) by inserting after subsection (d) the fol1lowing new subsection:

"(e) INTERNET-BASED TELECOMMUNICATIONS RELAY SERVICES.-

"(1) PROVIDER OBLIGATIONS.-Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, each interconnected VoIP service provider and each provider of Internet-enabled voice communication service shall-

"(A) provide, throughout the area in which it offers such service, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers, providers of Interconnected VoIP services, or providers of Internet-enabled voice communication services; and

"(B) participate in and contribute to the Telecommunications Relay Services Fund established in section 64.404(c)(5)(iii) of the Commission's regulations (47 CFR 64.404(c)(5)(iii)), as in effect on the date of enactment of such Act, in a manner prescribed by the Commission by regulation to provide for obligations of such providers that are consistent with and comparable to the obligations of other participants in and contributors to such Fund.

"(2) RULE OF CONSTRUCTION.-Nothing in this subsection shall be construed to limit the authority of a State to regulate its certified State operated telecommunications relay program, including a program that employs the use of Internet-based relay services.";

(4) in subsection (f)(1) (as redesignated by paragraph (2) of this subsection), by striking "subsections (f) and (g)" and inserting "subsections (g) and (h)";

(5) in subsections (h)(1) and (h)(2)(B) (as so redesignated), by striking "subsection (f)" each place it appears and inserting "subsection (g)".

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

Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting after section 255 the following new section:

"SEC. 255A. ACCESS TO INTERNET-BASED SERVICES AND EQUIPMENT.

"(a) MANUFACTURING.-A manufacturer of equipment used for Internet-enabled communication services, including end user equipment, network equipment, and software, shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, unless the requirement of this subsection would result in an undue burden.

"(b) SERVICE PROVIDERS.-A provider of Internet-enabled communication service shall ensure that its service is accessible to and usable by individuals with disabilities, unless the requirement of this subsection would result in an undue burden.

"(c) REAL-TIME TEXT SUPPORT.-In order to facilitate seamless real-time text communication between inteconnected VoIP service or Internet-enabled communication service and telecommunications services, real-time voice and text conversation products and telecommunications services shall at a minimum, use the standard realtime text conversation format for the transport technology used by the product or service, unless the requirement of this subsection would result in an undue burden. All real-time text communication formats shall, in order to ensure accurate transmission, have less than one percent character error and be transmitted as text data, not audio tones.

"(d) COMPATIBILITY.-Whenever the requirements of subsections (a), (b), and (c) constitute an undue burden, such manufacturer or provider shall ensure that the equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless the requirement of this subsection would result in an undue burden.

"(e) NETWORK INTERCONNECTION.-Each provider of Internet-enabled communication service has the duty not to install network features, functions, or capabilities that do not comply with the regulations established pursuant to this section. The real-time text data formats of all interconnected VoIP services and Internet-enabled communication services established pursuant to this section shall interoperate.

"(f) REGULATIONS.-Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall prescribe such regulations as are necessary to implement this section. In prescribing the regulations, the Commission shall-

"(1) include standards to ensure the accessibility, usability, and compatibility of Internet-enabled communication services and equipment by individuals with disabilities;

"(2) include standards to ensure the real-time text support required by subsection (c);

"(3) provide that Internet-enabled communication services, the equipment used for such services, and Internet-enabled communication networks may not impair or impede the accessibility of information content when accessibility has been incorporated into that content for transmission through Internet-enabled communication services, networks, or equipment;

"(4) require each manufacturer of equipment used for Internet-enabled communication services and each provider of Internet-enabled communication service-

"(A) to file with the Commission a written accessibility and compatibility impact analysis for each product or service released to the public that describes steps to achieve access, including information about the company's efforts to consult with individuals with disabilities, descriptions of a product or service's accessibility features, and information about the product or service's compatibility with peripheral devices or specialized customer premises equipment commonly used by persons with disabilities to achieve access; and

"(B) to file a report with the Commission that describes the steps that have been taken by such manufacturer or provider to implement this Act on an annual basis;

"(5) include enforcement and complaint procedures that shall-

"(A) require the Commission to resolve complaints alleging a violation of this section within 90 days;

"(B) provide for a separate and identifiable electronic, telephonic, and physical receptacle for the receipt of (both formal and informal) complaints filed under this section; and

"(C) facilitate the filing of formal complaints.

"(g) REMEDIES.-The limitations on actions in section 255(f) shall not apply to this section.

"(h) REPORTING.-Every two years after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that assesses the level of compliance with this section and evaluates the extent to which any accessibility barriers still exist with respect to new technologies. Such report shall include information about the number and resolution of complaints brought under this section.

"(i) CLEARINGHOUSE.-The Commission shall, in coordination with the Access Board and the National Telecommunications and Information Administration, establish a clearinghouse of information on the availability of accessible products and services and accessibility solutions required under this section. 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.

"(j) OUTREACH AND EDUCATION.-Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission, in coordination with the National Telecommunications and Information Administration, shall conduct an informational and educational program de10 signed to inform the public about the availability of the clearinghouse, and the protections and remedies available under this section.

"(k) DEFINITION.-For purposes of this section the term 'undue burden' means significant difficulty or expense. In determining whether the requirements of any provision of this section would result in an undue burden, the factors to be considered include-

"(1) the nature and cost of the steps required for the manufacturer or provider;

"(2) the impact on the operation of the manufacturer or provider;

"(3) the financial resources of the manufacturer or provider; and

"(4) the type of operations of the manufacturer or provider.".

SEC. 105. UNIVERSAL SERVICE.

(a) CONSUMERS WITH DISABILITIES.-Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-

(1) in subsection (b)-

(A) by redesignating paragraph (7) as paragraph (8); and

(B) by inserting after paragraph (6) the following new paragraph:

"(7) ACCESS BY CONSUMERS WITH DISABIL11 ITIES.-Consumers with disabilities should have access to telecommunications and Internet-enabled communication services, including interexchange services and advanced telecommunications and information services."; and

(2) in subsection (c), by adding at the end the following new paragraph:

"(4) INDIVIDUALS WITH DISABILITIES.-Notwithstanding subsection (j), the Commission may, in order to implement the principle established in subsection (b)(7), designate telecommunications services that are needed by individuals with disabilities to engage in communication with one or more other individuals in a manner that is functionally equivalent to the ability of individuals without disabilities to engage in such communication as services supported by Lifeline and Link Up assistance programs and other Federal universal service support mechanisms.".

(b) ALLOCATION OF USF FOR SERVICES FOR INDIVIDUALS WITH DISABILITIES.-Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is further amended-

(1) by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and

(2) by inserting after subsection (h) the fol11 lowing new subsection:

"(i) INDIVIDUALS WHO ARE DEAF-BLIND.-

"(1) IN GENERAL.-Within 6 months after the date of the enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall establish rules that define as eligible for universal service support, programs that are certified by a State commission or approved by the Commission for the distribution of specialized customer premises equipment designed to make telecommunications and Internet-enabled communication service, including interexchange services and advanced telecommunications and information services, accessible by individuals who are deaf-blind.

"(2) DEFINITION.-For the purposes of this subsection, the term 'individuals who are deaf-blind' has the same meaning as such term has in the Helen Keller National Center Act, as amended by the Rehabilitation Act Amendments of 1992 (29 U.S.C. 1905(2)).

"(3) ANNUAL AMOUNT.-The total amount of universal service support that may be obligated or expended under this subsection for any fiscal year may not exceed $10,000,000.".

TITLE II-VIDEO PROGRAMMING

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

(a) INQUIRY REQUIRED.-Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall complete an inquiry on the following subjects:

(1) CLOSED-CAPTIONING DECODER AND VIDEO DESCRIPTION CAPABILITY.-With respect to closed captioning decoder and video description capability, the Commission shall-

(A) identify-

(i) the formats and software commonly used by video programming providers or owners for exhibition on new technologies, including those used by Internet-enabled and digital wireless services; and

(ii) the related technical issues associated with the implementation of closed captioning and video description by means of such new technologies;

(B) identify the technical standards, protocols, and procedures needed for the transmission of closed captioning and video description by means of Internet-enabled services and digital wireless devices; and

(C) identify technical standards, protocols, and procedures to enable video programming providers and owners to transmit emergency alerts in a manner that is accessible to individuals who are blind or visually impaired.

(2) USER INTERFACES.-With respect to user interfaces, the Commission shall-

(A) identify the technical standards, protocols, and procedures needed to enable apparatus designed to receive or display video programming transmitted simultaneously with sound (including apparatus designed to receive or display video programming transmitted by means of Internet-enabled services) to be capable of making its apparatus functions, including the receipt, display, navigation or selection of video programming, accessible to and usable by individuals with disabilities; and

(B) identify the technical standards, protocols, and procedures needed to enable on-screen text menus and other visual indicators used to access video programming functions-

(i) to display such menus or indicators; and

(ii) to provide accompanying audio output, to enable control of such functions by individuals who are blind or have low vision.

(3) VIDEO PROGRAMMING GUIDES AND MENUS.-With respect to video programming guides and menus, the Commission shall identify the technical standards, protocols, and procedures needed to enable video programming information and selection provided by means of a navigational device, guide, or menu to be accessible in real-time by individuals with disabilities who are unable to read the visual display.

(b) REPORT ON STUDY.-Within one year after the date of enactment of this Act, the Commission shall submit to the Congress a report on the results of such inquiry.

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

(a) AUTHORITY TO REGULATE.-Section 303(u) of the Communications Act of 1934 (47 U.S.C. 303(u)) is amended to read as follows:

"(u) Require that every 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 Internet-enabled services, that are shipped in interstate commerce or manufactured in the United States-

"(1) be equipped with built-in closed caption decoding capability designed to display closed-captioned video programming;

"(2) have sufficient capacity to make available the transmission and delivery of video description services as required by section 713(f); and

"(3) have the capability to display emergency information, including Emergency Alert System messages, in a manner that is accessible to individuals who are blind or visually-impaired.".

(b) SHIPMENT IN COMMERCE.-Section 330(b) of the Communications Act of 1934 (47 U.S.C. 330) is amended-

(1) by striking the second sentence and inserting the following: "Such rules shall provide performance and display standards for such built-in decoder circuitry, the transmission and delivery of video description over technologies that are based in digital signals, Internet-enabled services, wireless devices, or other methods, and the transmission of closed captioning over technologies that are based in Internet-enabled services, wireless devices, or other technologies.";

(2) in the fourth sentence, by inserting "and video description service" after "closed-captioning service"; and

(3) by striking the last sentence.

(c) IMPLEMENTING REGULATIONS.-The Federal Communications Commission shall prescribe such regulations as are necessary to implement the amendments made by subsections (a) and (b) within 18 months after the date of enactment of this Act.

SEC. 203. VIDEO DESCRIPTION AND CLOSED CAPTIONING.

Section 713 of the Communications Act of 1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and inserting the following:

"(f) VIDEO DESCRIPTION.-

"(1) REINSTATEMENT OF RULES.-The video description regulations of the Commission contained in the report and order identified as Implementation of Video Description of Video Programming, Report and Order (15 F.C.C.R. 15.230 (2000)), shall, notwithstanding the decision of the United States Court of Appeals for the District of Columbia Circuit in Motion Picture Association of America, Inc., et. al., v. Federal Communications Commission , et. al. (309 F. 3d 796, November 8, 2002), be considered to be in full force and effect and ratified by law.

"(2) CONTINUING AUTHORITY OF THE COMMISSION.-The Commission-

"(A) shall, within 45 days after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, republish its video description regulations contained in the report and order identified as Implementation of Video Description of Video Programming, Report and Order (15 F.C.C.R. 15,230 (2000));

"(B) shall initiate a proceeding, to be completed within 18 months after such date of enactment, to-

"(I) identify methods to render onscreen-displayed text in a manner accessible to individuals who are blind or visually-impaired; and

"(ii) promulgate regulations that require the rendering of on-screen-displayed text in a manner accessible to individuals who are blind or visually-impaired; and

"(C) shall promulgate any other regulation that the Commission may find necessary to implement, enforce, or otherwise carry out the provisions of this subsection, including regulations to increase the amount of video description required to ensure full access to television programming for individuals who are blind or visually-impaired.

"(3) REQUIREMENTS FOR RULES.-Such regulations shall include an appropriate schedule of deadlines for the provision of video description of video programming and may include the following exemptions:

"(A) A provider of video programming or program owner may petition the Commission for an exemption from the requirements of this section, and may become exempt from those requirements after the Commission grants such petition, upon a showing that the requirements contained in this section would result in an undue burden (as defined in subsection (e)).

"(B) The Commission may exempt from the regulations established pursuant to para11 graph (2)(C) services, classes of services, programs, classes of programs, equipment, or classes of equipment for which the Commission has determined that the application of such regulations would be economically burdensome to the providers of such services.

"(4) ON-SCREEN-DISPLAYED TEXT DEFINED.- In this subsection, the term 'on-screen-displayed text' includes written or other non-verbal information, whether scrolled or displayed as characters or images, on television screens-

"(A) during regular programming when such information is provided to afford viewers with warnings of and instructions on how to respond to emergency or hazardous conditions;

"(B) during local and national news bulletins; and

"(C) during the broadcasting of any other information the Commission deems appropriate.

"(g) DEFINITIONS.-For purposes of this section:

"(1) VIDEO DESCRIPTION.-The term 'video description' means the insertion of audio narrated descriptions of a television program's key visual elements into natural pauses between the program's dialogue.

"(2) VIDEO PROGRAMMING.-The term 'video programming' means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, even if such programming is distributed over the Internet or by some other means.".

SEC. 204. USER INTERFACES REGULATIONS.

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)(1) Require-

"(A) that every 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 Internet-enabled services, be designed, developed, and fabricated so that control of all apparatus functions, including the receipt, display, navigation or selection of video programming, is accessible to and usable by individuals with disabilities;

"(B) that where on-screen text menus or other visual indicators are used to access video programming functions, that such apparatus be used-

"(I) to display such menus or indicators; and

"(ii) to provide accompanying audio output to enable control of such functions by individuals who are blind or have low vision; and

"(C) a conspicuous means of accessing closed captioning and video description, including-

"(I) the inclusion of a button on the remote control of such apparatus designated for activating the closed caption function; and

"(ii) the inclusion of 'closed captions' and 'video description' on the top tier of the on screen menu of such apparatus.

"(2) For purposes of this subsection, the term 'video programming' has the meaning provided by section 602.".

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

(a) AMENDMENT.-Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is further amended by adding at the end the following new subsection:

"(aa) Require each video programming provider or owner or multichannel programming distributor to ensure that video programming information and selection provided by means of a navigational device, guide, or menu is accessible in real-time by individuals with disabilities who are unable to read the visual display.".

(b) IMPLEMENTING REGULATIONS.-The Federal Communications Commission shall prescribe such regulations as are necessary to implement the amendment made by subsection (a) within 18 months after the date of enactment of this Act.