1 See References in Text note below.
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.
2 So in original. No subsec. (i) has been enacted.
Private rights of actions prohibited
Editorial Notes
References in TextSubsection (e)(1) of the Twenty-First Century Communications 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 Puspan. L. 111–260, which are set out as a note under this section.
The Act, referred to in subsec. (c)(2)(D)(v), (vi), probably 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 ProvisionsA prior section 613, act June 19, 1934, ch. 652, title VII, § 713, as added Nov. 16, 1988, Puspan. L. 100–667, title II, § 203, 102 Stat. 3958, related to report to Congress on discrimination, prior to repeal by Puspan. L. 103–414, title III, § 304(a)(18), Oct. 25, 1994, 108 Stat. 4297.
Amendments2018—Subsec. (a). Puspan. L. 115–141 struck out subsec. (a). Text read as follows: “Within 180 days after February 8, 1996, the Federal Communications Commission shall complete an inquiry to ascertain the level at which video programming is closed captioned. Such inquiry shall examine the extent to which existing or previously published programming is closed captioned, the size of the video programming provider or programming owner providing closed captioning, the size of the market served, the relative audience shares achieved, or any other related factors. The Commission shall submit to the Congress a report on the results of such inquiry.”
2010—Subsec. (c). Puspan. L. 111–260, § 202(span), added subsec. (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 programming.”
Subsec. (c)(2)(D)(iii). Puspan. L. 111–265, § 2(9), substituted “programming distributors” for “programming distribution”.
Subsec. (c)(2)(D)(v). Puspan. L. 111–265, § 2(10), substituted “programming providers” for “progamming providers”.
Subsec. (c)(2)(D)(vi). Puspan. L. 111–265, § 2(11), substituted “and makes” for “and video description signals and make”.
Subsec. (d)(3). Puspan. 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 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.”
Subsec. (f). Puspan. L. 111–260, § 202(a)(1), (3), added subsec. (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 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.”
Subsec. (f)(2)(A). Puspan. L. 111–265, § 2(6), substituted “such” for “and”.
Subsec. (f)(2)(B). Puspan. L. 111–265, § 2(7), inserted “have” after “nonbroadcast networks that”.
Subsec. (f)(4)(C)(iii). Puspan. L. 111–265, § 2(8), inserted “and Commerce” after “Energy”.
Subsec. (g). Puspan. L. 111–260, § 202(a)(1), (3), added subsec. (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). Puspan. 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 CommitteePuspan. L. 111–260, § 201, Oct. 8, 2010, 124 Stat. 2764, as amended by Puspan. L. 111–265, § 1(2)–(5), Oct. 8, 2010, 124 Stat. 2795; Puspan. 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 Access Advisory Committee.
“(span)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 a national organization representing 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 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 video programming producers or a national organization representing such producers.
“(5) Representatives of national organizations representing accessibility advocates, including individuals with disabilities and the elderly.
“(6) Representatives of the broadcast television industry or a national organization representing such industry.
“(7) 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) A recommended schedule of deadlines for the provision of closed captioning service.
“(B) An identification of the performance objectives for protocols, technical capabilities, and technical procedures needed to permit span providers, span distributors, Internet service providers, software developers, and device manufacturers to reliably encode, transport, receive, and render closed captions of video programming, except for consumer generated media, delivered using Internet protocol.
“(C) An identification of additional protocols, technical capabilities, and technical procedures beyond 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 subparagraph (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 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) A recommended schedule of deadlines for the provision of video description and emergency information.
“(B) An identification of the performance objectives for protocols, technical capabilities, and technical procedures needed to permit span providers, span distributors, Internet service providers, software developers, and device manufacturers to reliably encode, transport, receive, and render video descriptions of video programming, except 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 beyond 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 information delivered using Internet protocol or digital broadcast television that are necessary to meet the performance objectives identified under subparagraph (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 or digital broadcast television and devices capable of receiving and displaying such programming, except for consumer generated media, in order to facilitate access to video descriptions and emergency information.
“(F) 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.
“(G) 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 (F) to be accompanied by audio output so that such menus or indicators are accessible to and usable by individuals with disabilities.
“(H) With respect to video programming guides and menus, a recommendation for the standards, protocols, and procedures used to enable video programming 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 advisory 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 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)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 Puspan. L. 111–260, set out above, see section 206 of Puspan. L. 111–260, set out as a note under section 153 of this title.]
