Section-by-Section Summary of What H.R. 3101 Will Do For Us

Title I – Communications Access

Section 101:  Definitions.

• Provides definitions for “advanced communications” (including interconnected and non-interconnected voice over Internet protocol (VoIP), electronic messaging, and video conferencing services); “consumer-generated media”; and “disability.”

Section 102:  Hearing aid compatibility.

• Requires telephones used with the Internet to be hearing aid compatible.

Section 103:  Relay services.

• Permits use of relay services to enable communication with anyone, not just between people with and without disabilities.  So, for example, a TTY user can use relay services to call a person who communicates in American Sign Language using a videophone; a Speech-to-Speech relay user can phone a VRS user.

• Requires Internet-based voice communication service providers to contribute to the Interstate Relay Service Fund.

• New and Not in S. 3304:  Establishes a Telecommunications Relay Services Policy Advisory Council.

• New and Not in S. 3304:  Requires the FCC to report to Congress about access to improved relay service technologies; and to suggest ways to facilitate use of relay services in the workplace, and update equipment in public places and government offices.

Section 104:  Access to internet-based services and equipment.

• Requires accessible advanced communications equipment and services, if achievable; and, if not achievable, then to make equipment and services compatible with devices commonly used by individuals with disabilities to achieve access, if achievable.

• Not in S. 3304:  Requires access to Internet services built-in to mobile telephone devices, like smart phones, if achievable.

• New:  Defines “achievable” as reasonable effort or expense, as determined by the FCC.

• Improves enforcement; requires regular reports by the FCC to Congress; and requires an enforcement study by the Comptroller General.

• Adds recordkeeping obligations for equipment manufacturers and service providers.  (Changed from reporting obligations.)

• Requires a clearinghouse of information on accessible products and services, and public education and outreach.

Section 105:  Emergency Access Advisory Committee.

• Establishes an Emergency Access Advisory Committee to recommend and for the FCC to adopt rules to achieve reliable and interoperable communications with future Internet-enabled emergency call centers.  (The scope of the original Committee was expanded beyond real-time text.)

• New:  Requires the FCC to conduct a national survey to determine what individuals with disabilities believe to be the most effective and efficient technologies and methods to access emergency services.

Section 106:  Relay services for deaf-blind individuals.

• Allocates up to $10 million per year from the Interstate Relay Service Fund for equipment used by low-income individuals who are deaf-blind.

Title II – Video Programming

Section 201:  Video Programming and Emergency Access Advisory Committee.

• Establishes a Video Programming and Emergency Access Advisory Committee to make recommendations about closed captioning and video description, and accessible emergency information, user interfaces, and video programming guides and menus.

• Requires the FCC to adopt technical requirements to facilitate access to emergency information.

Section 202:  Video description and closed captioning.

Video Description

• After 1 year, restores FCC rules requiring 4 hours per week of video description on 9 television channels (top 4 broadcast networks and top 5 cable channels) in the top 25 most populated markets.

• After 2 years, requires FCC to report to Congress on video description.

• Not in S. 3304:  After 4 years, permits the FCC to increase video description to 7 hours per week.

• Not in S. 3304:  After 6 years, requires the FCC to apply the video description requirements to all markets (not just the top 25 most populated markets).

• Not in S. 3304:  After 9 years, requires the FCC to report to Congress on the need for additional video description.

• Not in S. 3304:  After 10 years, permits the FCC to adopt recommendations reported to Congress to increase video description.

Emergency Information

• Requires video programming owners, providers, and distributors to make emergency information accessible to individuals who are blind or have low vision.

Closed Captioning

• Requires captioned television programs to be captioned when delivered over the Internet.

• New:  Requires the FCC to grant or deny requests for exemption from the closed captioning rules within 12 months.

• New and Not in S. 3304:  Requires broadcast and cable networks to report to the FCC every 2 years on the amount of captioned television-like programs delivered only over the Internet.

• New and Not in S. 3304:  Requires the FCC to report and recommend to Congress about requiring captions on television-like programs that are shown only on the Internet.

Section 203:  Closed captioning decoder and video description capability.

• Requires devices designed to receive or play back video programming, using a picture screen of any size, to be capable of displaying closed captioning, delivering available video description, and making emergency information accessible to individuals who are blind or have low vision, except, devices with picture screens less than 13” must meet these requirements if achievable with reasonable effort or expense.

• Requires devices designed to record video programming (such as DVRs) to enable the pass through of closed captions, video description, and emergency information, so viewers can turn the closed captions and video description on/off when played back on a screen of any size.

Section 204:  User interfaces on digital apparatus.

• Requires devices designed to receive or play back video programming:  

• to make controls of built-in functions accessible to and usable by individuals with disabilities, if achievable;

• to make controls of built-in functions accessible to and usable by individuals who are blind or have low vision through audio output;

• to make remote controls, when provided with these devices, have a button, key, icon, or substantially equivalent means of activating closed captions;

• to make on-screen menus, when displayed on these devices, include closed captions and video description on the first menu that appears or a substantially equivalent level of accessibility.

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

• Require cable/satellite set-top box on-screen text menus and guides to be audibly accessible to individuals who are blind or have low vision, if achievable.

• Enable activating built-in closed captioning capability on cable/satellite set-top boxes through a button, key, icon, or substantially equivalent means.

Section 206:  Definitions.

• Provides definitions for Advisory Committee, Chairman, Commission, emergency information, Internet protocol, navigation device, video description, and video programming.