VIDEO DESCRIPTION AND CLOSED CAPTIONING.

SEC. 202. VIDEO DESCRIPTION AND CLOSED CAPTIONING.(a) Video Description.—Section 713 of the Communications Act of 1934 (47 U.S.C. 613) is amended—(1) by striking subsections (f) and (g);(2) by redesignating subsection (h) as subsection (j); and(3) by inserting after subsection (e) the following:“(f) Video Description.—“(1) Reinstatement of regulations.—On the day that is 1 year after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010, the Commission shall, after a rulemaking, reinstate its video description regulations contained in the Implementation of Video Description of Video Programming Report and Order (15 F.C.C.R. 15,230 (2000)), recon. granted in part and denied in part, (16 F.C.C.R. 1251 (2001)), modified as provided in paragraph (2).“(2) Modifications to reinstated regulations.—Such regulations shall be modified only as follows:124 STAT. 2768 “(A) The regulations shall apply to video programming, as defined in subsection (h), insofar as and programming is transmitted for display on television in digital format.“(B) The Commission shall update the list of the top 25 designated market areas, the list of the top 5 national nonbroadcast networks that at least 50 hours per quarter of prime time programming that is not exempt under this paragraph, and the beginning calendar quarter for which compliance shall be calculated.“(C) The regulations may permit a provider of video programming or a program owner to petition the Commission for an exemption from the requirements of this section upon a showing that the requirements contained in this section be economically burdensome.“(D) The Commission may exempt from the regulations established pursuant to paragraph (1) a service, class of services, program, class of programs, equipment, or class of equipment for which the Commission has determined that the application of such regulations would be economically burdensome for the provider of such service, program, or equipment.“(E) The regulations shall not apply to live or near-live programming.“(F) The regulations shall provide for an appropriate phased schedule of deadlines for compliance.“(G) The Commission shall consider extending the exemptions and limitations in the reinstated regulations for technical capability reasons to all providers and owners of video programming.“(3) Inquiries on further video description requirements.—The Commission shall commence the following inquiries not later than 1 year after the completion of the phase-in of the reinstated regulations and shall report to Congress 1 year thereafter on the findings for each of the following:“(A) Video description in television programming.—The availability, use, and benefits of video description on video programming distributed on television, the technical and creative issues associated with providing such video description, and the financial costs of providing such video description for providers of video programming and program owners.“(B) Video description in video programming distributed on the internet.—The technical and operational issues, costs, and benefits of providing video descriptions for video programming that is delivered using Internet protocol.“(4) Continuing commission authority.—“(A) In general.—The Commission may not issue additional regulations unless the Commission determines, at least 2 years after completing the reports required in paragraph (3), that the need for and benefits of providing video description for video programming, insofar as such programming is transmitted for display on television, are greater than the technical and economic costs of providing such additional programming.“(B) Limitation.—If the Commission makes the determination under subparagraph (A) and issues additional 124 STAT. 2769 regulations, the Commission may not increase, in total, the hour requirement for additional described programming by more than 75 percent of the requirement in the regulations reinstated under paragraph (1).“(C) Application to designated market areas.—“(i) In general.—After the Commission completes the reports on video description required in paragraph (3), the Commission shall phase in the video description regulations for the top 60 designated market areas, except that the Commission may grant waivers to entities in specific designated market areas where it deems appropriate.“(ii) Phase-in deadline.—The phase-in described in clause (i) shall be completed not later than 6 years after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010.“(iii) Report.—Nine years after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010, the Commission shall submit to the Committee on Energy of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report assessing—“(I) the types of described video programming that is available to consumers;“(II) consumer use of such programming;“(III) the costs to program owners, providers, and distributors of creating such programming;“(IV) the potential costs to program owners, providers, and distributors in designated market areas outside of the top 60 of creating such programming;“(V) the benefits to consumers of such programming;“(VI) the amount of such programming currently available; and“(VII) the need for additional described programming in designated market areas outside the top 60.“(iv) Additional market areas.—Ten years after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010, the Commission shall have the authority, based upon the findings, conclusions, and recommendations contained in the report under clause (iii), to phase in the video description regulations for up to an additional 10 designated market areas each year—“(I) if the costs of implementing the video description regulations to program owners, providers, and distributors in those additional markets are reasonable, as determined by the Commission; and “(II) except that the Commission may grant waivers to entities in specific designated market areas where it deems appropriate.124 STAT. 2770“(g) Emergency Information.—Not later than 1 year after the Advisory Committee report under subsection (e)(2) is submitted to the Commission, the Commission shall complete a proceeding to—“(1) identify methods to convey emergency information (as that term is defined in section 79.2 of title 47, Code of Federal Regulations) in a manner accessible to individuals who are blind or visually impaired; and“(2) promulgate regulations that require video programming providers and video programming distributors (as those terms are defined in section 79.1 of title 47, Code of Federal Regulations) and program owners to convey such emergency information in a manner accessible to individuals who are blind or visually impaired.“(h) Definitions.—For purposes of this section, section 303, and section 330:“(1) Video description.—The term ‘video description’ means the insertion of audio narrated descriptions of a television program’s key visual elements into natural pauses between the program’s dialogue.“(2) Video programming.—The term ‘video programming’ means programming by, or generally considered comparable to programming provided by a television broadcast station, but not including consumer-generated media (as defined in section 3).(b) Closed Captioning on Video Programming Delivered Using Internet Protocol.—Section 713 of such Act is further amended by striking subsection (c) and inserting the following:“(c) Deadlines for Captioning.—“(1) In general.—The regulations prescribed pursuant to subsection (b) shall include an appropriate schedule of deadlines for the provision of closed captioning of video programming once published or exhibited on television.“(2) Deadlines for programming delivered using internet protocol.—“(A) Regulations on closed captioning on video programming delivered using internet protocol.—Not later than 6 months after the submission of the report to the Commission required by subsection (e)(1) of the Twenty-First Century Communications and Video Accessibility Act of 2010, the Commission shall revise its regulations to require the provision of closed captioning on video programming delivered using Internet protocol that was published or exhibited on television with captions after the effective date of such regulations.“(B) Schedule.—The regulations prescribed under this paragraph shall include an appropriate schedule of deadlines for the provision of closed captioning, taking into account whether such programming is prerecorded and edited for Internet distribution, or whether such programming is live or near-live and not edited for Internet distribution.“(C) Cost.—The Commission may delay or waive the regulation promulgated under subparagraph (A) to the extent the Commission finds that the application of the regulation to live video programming delivered using Internet protocol with captions after the effective date of such 124 STAT. 2771 regulations would be economically burdensome to providers of video programming or program owners.“(D) Requirements for regulations.—The regulations prescribed under this paragraph—“(i) shall contain a definition of ‘near-live programming’ and ‘edited for Internet distribution’;“(ii) may exempt any service, class of service, program, class of program, equipment, or class of equipment for which the Commission has determined that the application of such regulations would be economically burdensome for the provider of such service, program, or equipment; “(iii) shall clarify that, for the purposes of implementation, of this subsection, the terms ‘video programming distribution’ and ‘video programming providers’ include an entity that makes available directly to the end user video programming through a distribution method that uses Internet protocol; “(iv) and describe the responsibilities of video programming providers or distributors and video programming owners; “(v) shall establish a mechanism to make available to video progamming providers and distributors information on video programming subject to the Act on an ongoing basis; “(vi) shall consider that the video programming provider or distributor shall be deemed in compliance if such entity enables the rendering or pass through of closed captions and video description signals and make a good faith effort to identify video programming subject to the Act using the mechanism created in (v); and “(vii) shall provide that de minimis failure to comply with such regulations by a video programming provider or owner shall not be treated as a violation of the regulations.“(3) Alternate means of compliance.—An entity may meet the requirements of this section through alternate means than those prescribed by regulations pursuant to subsection (b), as revised pursuant to paragraph (2)(A) of this subsection, if the requirements of this section are met, as determined by the Commission.”.(c) Conforming Amendment.—Section 713(d) of such Act is amended by striking paragraph (3) and inserting the following:“(3) a provider of video programming or program owner may petition the Commission for an exemption from the requirements of this section, and the Commission may grant such petition upon a showing that the requirements contained in this section would be economically burdensome. During the pendency of such a petition, such provider or owner shall be exempt from the requirements of this section. The Commission shall act to grant or deny any such petition, in whole or in part, within 6 months after the Commission receives such petition, unless the Commission finds that an extension of the 6-month period is necessary to determine whether such requirements are economically burdensome.”.124 STAT. 2772