47 U.S.C. § 613 — Video programming accessibility

Page 326 TITLE 47—TELECOMMUNICATIONS § 613 1 See References in Text note below. § 613. Video programming accessibility (a) Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(11), Mar. 23, 2018, 132 Stat. 1090 (b) Accountability criteria Within 18 months after February 8, 1996, the Commission shall prescribe such regulations as are necessary to implement this section. Such regulations shall ensure that— (1) video programming first published or ex- hibited after the effective date of such regula- tions is fully accessible through the provision of closed captions, except as provided in sub- section (d); and (2) video programming providers or owners maximize the accessibility of video program- ming first published or exhibited prior to the effective date of such regulations through the provision of closed captions, except as pro- vided in subsection (d). (c) Deadlines for captioning (1) In general The regulations prescribed pursuant to sub- section (b) shall include an appropriate sched- ule of deadlines for the provision of closed cap- tioning of video programming once published or exhibited on television. (2) Deadlines for programming delivered using Internet protocol (A) Regulations on closed captioning on video programming delivered using Internet protocol Not later than 6 months after the submis- sion of the report to the Commission re- quired by subsection (e)(1) 1 of the Twenty- First Century Communications and Video Accessibility Act of 2010, the Commission shall revise its regulations to require the provision of closed captioning on video pro- gramming delivered using Internet protocol that was published or exhibited on television with captions after the effective date of such regulations. (B) Schedule The regulations prescribed under this paragraph shall include an appropriate schedule of deadlines for the provision of closed captioning, taking into account whether such programming is prerecorded and edited for Internet distribution, or whether such programming is live or near- live and not edited for Internet distribution. (C) Cost The Commission may delay or waive the regulation promulgated under subparagraph (A) to the extent the Commission finds that the application of the regulation to live video programming delivered using Internet protocol with captions after the effective date of such regulations would be economi- cally burdensome to providers of video pro- gramming or program owners. (D) Requirements for regulations The regulations prescribed under this paragraph— (i) shall contain a definition of ‘‘near- live programming’’ and ‘‘edited for Inter- net distribution’’; (ii) may exempt any service, class of service, program, class of program, equip- ment, or class of equipment for which the Commission has determined that the ap- plication of such regulations would be eco- nomically burdensome for the provider of such service, program, or equipment; (iii) shall clarify that, for the purposes of implementation, of this subsection, the terms ‘‘video programming distributors’’ and ‘‘video programming providers’’ in- clude an entity that makes available di- rectly to the end user video programming through a distribution method that uses Internet protocol; (iv) and describe the responsibilities of video programming providers or distribu- tors and video programming owners; (v) shall establish a mechanism to make available to video programming providers and distributors information on video pro- gramming subject to the Act on an ongo- ing basis; (vi) shall consider that the video pro- gramming provider or distributor shall be deemed in compliance if such entity en- ables the rendering or pass through of closed captions and makes a good faith ef- fort to identify video programming subject to the Act using the mechanism created in (v); and (vii) shall provide that de minimis fail- ure to comply with such regulations by a video programming provider or owner shall not be treated as a violation of the regulations. (3) Alternate means of compliance An entity may meet the requirements of this section through alternate means than those prescribed by regulations pursuant to sub- section (b), as revised pursuant to paragraph (2)(A) of this subsection, if the requirements of this section are met, as determined by the Commission. (d) Exemptions Notwithstanding subsection (b)— (1) the Commission may exempt by regula- tion programs, classes of programs, or services for which the Commission has determined that the provision of closed captioning would be economically burdensome to the provider or owner of such programming; (2) a provider of video programming or the owner of any program carried by the provider shall not be obligated to supply closed cap- tions if such action would be inconsistent with contracts in effect on February 8, 1996, except that nothing in this section shall be construed to relieve a video programming provider of its obligations to provide services required by Federal law; and (3) a provider of video programming or pro- gram owner may petition the Commission for an exemption from the requirements of this section, and the Commission may grant such petition upon a showing that the requirements contained in this section would be economi- Page 327 TITLE 47—TELECOMMUNICATIONS § 613 cally burdensome. During the pendency of such a petition, such provider or owner shall be exempt from the requirements of this sec- tion. The Commission shall act to grant or deny any such petition, in whole or in part, within 6 months after the Commission re- ceives such petition, unless the Commission finds that an extension of the 6-month period is necessary to determine whether such re- quirements are economically burdensome. (e) Undue burden The term ‘‘undue burden’’ means significant difficulty or expense. In determining whether the closed captions necessary to comply with the requirements of this paragraph would result in an undue economic burden, the factors to be considered include— (1) the nature and cost of the closed captions for the programming; (2) the impact on the operation of the pro- vider or program owner; (3) the financial resources of the provider or program owner; and (4) the type of operations of the provider or program owner. (f) Video description (1) Reinstatement of regulations On the day that is 1 year after October 8, 2010, the Commission shall, after a rule- making, reinstate its video description regula- tions contained in the Implementation of Video Description of Video Programming Re- port and Order (15 F.C.C.R. 15,230 (2000)), recon. granted in part and denied in part, (16 F.C.C.R. 1251 (2001)), modified as provided in paragraph (2). (2) Modifications to reinstated regulations Such regulations shall be modified only as follows: (A) The regulations shall apply to video programming, as defined in subsection (h), insofar as 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 net- works that have at least 50 hours per quarter of prime time programming that is not ex- empt under this paragraph, and the begin- ning calendar quarter for which compliance shall be calculated. (C) The regulations may permit a provider of video programming or a program owner to petition the Commission for an exemption from the requirements of this section upon a showing that the requirements contained in this section be economically burdensome. (D) The Commission may exempt from the regulations established pursuant to para- graph (1) a service, class of services, pro- gram, class of programs, equipment, or class of equipment for which the Commission has determined that the application of such reg- ulations 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 ap- propriate phased schedule of deadlines for compliance. (G) The Commission shall consider extend- ing the exemptions and limitations in the reinstated regulations for technical capa- bility reasons to all providers and owners of video programming. (3) Inquiries on further video description re- quirements The Commission shall commence the fol- lowing 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 fol- lowing: (A) Video description in television program- ming The availability, use, and benefits of video description on video programming distrib- uted on television, the technical and cre- ative issues associated with providing such video description, and the financial costs of providing such video description for pro- viders 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 de- scriptions for video programming that is de- livered using Internet protocol. (4) Continuing Commission authority (A) In general The Commission may not issue additional regulations unless the Commission deter- mines, at least 2 years after completing the reports required in paragraph (3), that the need for and benefits of providing video de- scription for video programming, insofar as such programming is transmitted for display on television, are greater than the technical and economic costs of providing such addi- tional programming. (B) Limitation If the Commission makes the determina- tion under subparagraph (A) and issues addi- tional regulations, the Commission may not increase, in total, the hour requirement for additional described programming by more than 75 percent of the requirement in the regulations reinstated under paragraph (1). (C) Application to designated market areas (i) In general After the Commission completes the re- ports on video description required in paragraph (3), the Commission shall phase in the video description regulations for the top 60 designated market areas, except that the Commission may grant waivers to entities in specific designated market areas where it deems appropriate. (ii) Phase-in deadline The phase-in described in clause (i) shall be completed not later than 6 years after October 8, 2010. (iii) Report Nine years after October 8, 2010, the Commission shall submit to the Com- Page 328 TITLE 47—TELECOMMUNICATIONS § 613 2 So in original. No subsec. (i) has been enacted. mittee on Energy and Commerce of the House of Representatives and the Com- mittee on Commerce, Science, and Trans- portation of the Senate a report assess- ing— (I) the types of described video pro- gramming that is available to con- sumers; (II) consumer use of such program- ming; (III) the costs to program owners, pro- viders, and distributors of creating such programming; (IV) the potential costs to program owners, providers, and distributors in designated market areas outside of the top 60 of creating such programming; (V) the benefits to consumers of such programming; (VI) the amount of such programming currently available; and (VII) the need for additional described programming in designated market areas outside the top 60. (iv) Additional market areas Ten years after October 8, 2010, the Com- mission shall have the authority, based upon the findings, conclusions, and rec- ommendations contained in the report under clause (iii), to phase in the video de- scription regulations for up to an addi- tional 10 designated market areas each year— (I) if the costs of implementing the video description regulations to program owners, providers, and distributors in those additional markets are reasonable, as determined by the Commission; and (II) except that the Commission may grant waivers to entities in specific des- ignated market areas where it deems ap- propriate. (g) Emergency information Not later than 1 year after the Advisory Com- mittee report under subsection (e)(2) 1 is sub- mitted to the Commission, the Commission shall complete a proceeding to— (1) identify methods to convey emergency information (as that term is defined in section 79.2 of title 47, Code of Federal Regulations) in a manner accessible to individuals who are blind or visually impaired; and (2) promulgate regulations that require video programming providers and video pro- gramming distributors (as those terms are de- fined in section 79.1 of title 47, Code of Federal Regulations) and program owners to convey such emergency information in a manner ac- cessible to individuals who are blind or vis- ually impaired. (h) Definitions For purposes of this section, section 303 of this title, and section 330 of this title: (1) Video description The term ‘‘video description’’ means the in- sertion of audio narrated descriptions of a tel- evision program’s key visual elements into natural pauses between the program’s dia- logue. (2) Video programming The term ‘‘video programming’’ means pro- gramming by, or generally considered com- parable to programming provided by a tele- vision broadcast station, but not including consumer-generated media (as defined in sec- tion 153 of this title). (j) 2 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 regula- tion thereunder. The Commission shall have ex- clusive jurisdiction with respect to any com- plaint under this section. (June 19, 1934, ch. 652, title VII, § 713, as added Pub. L. 104–104, title III, § 305, Feb. 8, 1996, 110 Stat. 126; amended Pub. L. 111–260, title II, § 202, Oct. 8, 2010, 124 Stat. 2767; Pub. L. 111–265, § 2(6)–(11), Oct. 8, 2010, 124 Stat. 2795, 2796; Pub. L. 115–141, div. P, title IV, § 402(i)(11), Mar. 23, 2018, 132 Stat. 1090.) Editorial Notes REFERENCES IN TEXT Subsection (e)(1) of the Twenty-First Century Com- munications and Video Accessibility Act of 2010 and subsection (e)(2), referred to in subsecs. (c)(2)(A) and (g), respectively, probably mean subsections (e)(1) and (e)(2) of section 201 of Pub. L. 111–260, which are set out as a note under this section. The Act, referred to in subsec. (c)(2)(D)(v), (vi), prob- ably means act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. PRIOR PROVISIONS A prior section 613, act June 19, 1934, ch. 652, title VII, § 713, as added Nov. 16, 1988, Pub. L. 100–667, title II, § 203, 102 Stat. 3958, related to report to Congress on dis- crimination, prior to repeal by Pub. L. 103–414, title III, § 304(a)(18), Oct. 25, 1994, 108 Stat. 4297. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141 struck out subsec. (a). Text read as follows: ‘‘Within 180 days after Feb- ruary 8, 1996, the Federal Communications Commission shall complete an inquiry to ascertain the level at which video programming is closed captioned. Such in- quiry shall examine the extent to which existing or previously published programming is closed captioned, the size of the video programming provider or program- ming owner providing closed captioning, the size of the market served, the relative audience shares achieved, or any other related factors. The Commission shall sub- mit to the Congress a report on the results of such in- quiry.’’ 2010—Subsec. (c). Pub. L. 111–260, § 202(b), added sub- sec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘Such regulations shall include an appropriate schedule of deadlines for the provision of closed captioning of video program- ming.’’ Subsec. (c)(2)(D)(iii). Pub. L. 111–265, § 2(9), sub- stituted ‘‘programming distributors’’ for ‘‘program- ming distribution’’. Subsec. (c)(2)(D)(v). Pub. L. 111–265, § 2(10), substituted ‘‘programming providers’’ for ‘‘progamming providers’’. Subsec. (c)(2)(D)(vi). Pub. L. 111–265, § 2(11), sub- stituted ‘‘and makes’’ for ‘‘and video description sig- nals and make’’. Page 329 TITLE 47—TELECOMMUNICATIONS § 613 Subsec. (d)(3). Pub. L. 111–260, § 202(c), added par. (3) and struck out former par. (3) which read as follows: ‘‘a provider of video programming or program owner may petition the Commission for an exemption from the re- quirements of this section, and the Commission may grant such petition upon a showing that the require- ments contained in this section would result in an undue burden.’’ Subsec. (f). Pub. L. 111–260, § 202(a)(1), (3), added sub- sec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: ‘‘Within 6 months after February 8, 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 impair- ments, and report to Congress on its findings. The Com- mission’s report shall assess appropriate methods and schedules for phasing video descriptions into the mar- ketplace, technical and quality standards for video de- scriptions, a definition of programming for which video descriptions would apply, and other technical and legal issues that the Commission deems appropriate.’’ Subsec. (f)(2)(A). Pub. L. 111–265, § 2(6), substituted ‘‘such’’ for ‘‘and’’. Subsec. (f)(2)(B). Pub. L. 111–265, § 2(7), inserted ‘‘have’’ after ‘‘nonbroadcast networks that’’. Subsec. (f)(4)(C)(iii). Pub. L. 111–265, § 2(8), inserted ‘‘and Commerce’’ after ‘‘Energy’’. Subsec. (g). Pub. L. 111–260, § 202(a)(1), (3), added sub- sec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: ‘‘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.’’ Subsecs. (h), (j). Pub. L. 111–260, § 202(a)(2), (3), added subsec. (h) and redesignated former subsec. (h) as (j). Statutory Notes and Related Subsidiaries VIDEO PROGRAMMING AND EMERGENCY ACCESS ADVISORY COMMITTEE Pub. L. 111–260, § 201, Oct. 8, 2010, 124 Stat. 2764, as amended by Pub. L. 111–265, § 1(2)–(5), Oct. 8, 2010, 124 Stat. 2795; Pub. L. 117–286, § 4(a)(297), Dec. 27, 2022, 136 Stat. 4338, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this Act [Oct. 8, 2010], the Chairman shall establish an advisory committee to be known as the Video Programming and Emergency Ac- cess Advisory Committee. ‘‘(b) MEMBERSHIP.—As soon as practicable after the date of enactment of this Act, the Chairman shall ap- point individuals who have the technical knowledge and engineering expertise to serve on the Advisory Committee in the fulfillment of its duties, including the following: ‘‘(1) Representatives of distributors and providers of video programming or a national organization rep- resenting such distributors. ‘‘(2) Representatives of vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of video programming delivered using Internet protocol or a national orga- nization representing such vendors, developers, or manufacturers. ‘‘(3) Representatives of manufacturers of consumer electronics or information technology equipment or a national organization representing such manufactur- ers. ‘‘(4) Representatives of video programming pro- ducers or a national organization representing such producers. ‘‘(5) Representatives of national organizations rep- resenting accessibility advocates, including individ- uals with disabilities and the elderly. ‘‘(6) Representatives of the broadcast television in- dustry or a national organization representing such industry. ‘‘(7) Other individuals with technical and engineer- ing expertise, as the Chairman determines appro- priate. ‘‘(c) COMMISSION OVERSIGHT.—The Chairman shall ap- point a member of the Commission’s staff to moderate and direct the work of the Advisory Committee. ‘‘(d) TECHNICAL STAFF.—The Commission shall ap- point a member of the Commission’s technical staff to provide technical assistance to the Advisory Com- mittee. ‘‘(e) DEVELOPMENT OF RECOMMENDATIONS.— ‘‘(1) CLOSED CAPTIONING REPORT.—Within 6 months after the date of the first meeting of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission a report that includes the following: ‘‘(A) A recommended schedule of deadlines for the provision of closed captioning service. ‘‘(B) An identification of the performance objec- tives for protocols, technical capabilities, and tech- nical procedures needed to permit content pro- viders, content distributors, Internet service pro- viders, software developers, and device manufactur- ers to reliably encode, transport, receive, and render closed captions of video programming, ex- cept for consumer generated media, delivered using Internet protocol. ‘‘(C) An identification of additional protocols, technical capabilities, and technical procedures be- yond those available as of the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010 [Oct. 8, 2010] for the delivery of closed captions of video programming, except for consumer generated media, delivered using Internet protocol that are necessary to meet the performance objectives identified under sub- paragraph (B). ‘‘(D) A recommendation for technical standards to address the performance objectives identified in subparagraph (B). ‘‘(E) A recommendation for any regulations that may be necessary to ensure compatibility between video programming, except for consumer generated media, delivered using Internet protocol and de- vices capable of receiving and displaying such pro- gramming 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 en- actment of this Act, the Advisory Committee shall develop and submit to the Commission a report that includes the following: ‘‘(A) A recommended schedule of deadlines for the provision of video description and emergency infor- mation. ‘‘(B) An identification of the performance objec- tives for protocols, technical capabilities, and tech- nical procedures needed to permit content pro- viders, content distributors, Internet service pro- viders, software developers, and device manufactur- ers to reliably encode, transport, receive, and render video descriptions of video programming, ex- cept for consumer generated media, and emergency information delivered using Internet protocol or digital broadcast television. ‘‘(C) An identification of additional protocols, technical capabilities, and technical procedures be- yond those available as of the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010 for the delivery of video descriptions of video programming, except for consumer generated media, and emergency infor- mation delivered using Internet protocol or digital broadcast television that are necessary to meet the performance objectives identified under subpara- graph (B). ‘‘(D) A recommendation for technical standards to address the performance objectives identified in subparagraph (B). Page 330 TITLE 47—TELECOMMUNICATIONS § 614 1 So in original. Probably should be ‘‘Fund);’’. ‘‘(E) A recommendation for any regulations that may be necessary to ensure compatibility between video programming, except for consumer generated media, delivered using Internet protocol or digital broadcast television and devices capable of receiv- ing and displaying such programming, except for consumer generated media, in order to facilitate access to video descriptions and emergency infor- mation. ‘‘(F) With respect to user interfaces, a rec- ommendation for the standards, protocols, and pro- cedures 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 pro- gramming transmitted by means of services using Internet protocol) to be accessible to and usable by individuals with disabilities. ‘‘(G) With respect to user interfaces, a rec- ommendation for the standards, protocols, and pro- cedures used to enable on-screen text menus and other visual indicators used to access the functions on an apparatus described in subparagraph (F) to be accompanied by audio output so that such menus or indicators are accessible to and usable by individ- uals with disabilities. ‘‘(H) With respect to video programming guides and menus, a recommendation for the standards, protocols, and procedures used to enable video pro- gramming information and selection provided by means of a navigation device, guide, or menu to be accessible in real-time by individuals who are blind or visually impaired. ‘‘(3) CONSIDERATION OF WORK BY STANDARD-SETTING ORGANIZATIONS.—The recommendations of the advi- sory committee shall, insofar as possible, incorporate the standards, protocols, and procedures that have been adopted by recognized industry standard-setting organizations for each of the purposes described in paragraphs (1) and (2). ‘‘(f) MEETINGS.— ‘‘(1) INITIAL MEETING.—The initial meeting of the Advisory Committee shall take place not later than 180 days after the date of the enactment of this Act [Oct. 8, 2010]. ‘‘(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 Com- mittee 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 need- ed. ‘‘(h) CHAPTER 10 OF TITLE 5, UNITED STATES CODE.— Chapter 10 of Title 5, United States Code, shall not apply to the Advisory Committee.’’ [For definitions of terms used in section 201 of Pub. L. 111–260, set out above, see section 206 of Pub. L. 111–260, set out as a note under section 153 of this title.] § 614. Telecommunications Development Fund (a) Purpose of section It is the purpose of this section— (1) to promote access to capital for small businesses in order to enhance competition in the telecommunications industry; (2) to stimulate new technology develop- ment, and promote employment and training; and (3) to support universal service and promote delivery of telecommunications services to un- derserved rural and urban areas. (b) Establishment of Fund There is hereby established a body corporate to be known as the Telecommunications Devel- opment Fund, which shall have succession until dissolved. The Fund shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue and jurisdiction in civil actions, to be a resident and citizen thereof. (c) Independent Board of Directors The Fund shall have a Board of Directors con- sisting of 5 people with experience in areas in- cluding finance, investment banking, govern- ment banking, communications law and admin- istrative practice, and public policy. The Board of Directors shall select annually a Chair from among the directors. A nominating committee, comprised of the Chair and 2 other directors se- lected by the Chair, shall appoint additional di- rectors. The Fund’s bylaws shall regulate the other aspects of the Board of Directors, includ- ing provisions relating to meetings, quorums, committees, and other matters, all as typically contained in the bylaws of a similar private in- vestment fund. (d) Accounts of Fund The Fund shall maintain its accounts at a fi- nancial institution designated for purposes of this section by the Chairman of the Board. The accounts of the Fund shall consist of— (1) such sums as may be appropriated to the Commission for advances to the Fund; (2) any contributions or donations to the Fund that are accepted by the Fund; and (3) any repayment of, or other payment made with respect to, loans, equity, or other extensions of credit made from the Fund. (e) Use of Fund All moneys deposited into the accounts of the Fund shall be used solely for— (1) the making of loans, investments, or other extensions of credits to eligible small businesses in accordance with subsection (f); (2) the provision of financial advice to eligi- ble small businesses; (3) expenses for the administration and man- agement of the Fund (including salaries, ex- penses, and the rental or purchase of office space for the fund); 1 (4) preparation of research, studies, or finan- cial analyses; and (5) other services consistent with the pur- poses of this section. (f) Lending and credit operations Loans or other extensions of credit from the Fund shall be made available to an eligible small business on the basis of— (1) the analysis of the business plan of the eligible small business; (2) the reasonable availability of collateral to secure the loan or credit extension;