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

(a) Repealed. Public Law 115–141, division P, title IV, section 402(i)(11), March 23, 2018, 132 Stat. 1090. (b) Accountability criteria. Within 18 months after February 8, 1996, the Commission must issue regulations needed to carry out this section. The regulations must ensure that: (1) video programming first published or shown after the regulations take effect is fully accessible through closed captions, except as subsection (d) allows; and (2) providers or owners of video programming maximize the accessibility of video programming first published or shown before the regulations take effect through closed captions, except as subsection (d) allows. (c) Deadlines for captioning. (1) In general. The regulations under subsection (b) must include a suitable schedule of deadlines for providing closed captions for video programming after it is published or shown on television. (2) Deadlines for programming delivered using Internet protocol. (A) Regulations on closed captioning for video programming delivered using Internet protocol. No later than 6 months after the report required by subsection (e)(1) of the Twenty-First Century Communications and Video Accessibility Act of 2010 is submitted to the Commission, the Commission must revise its regulations. The revised regulations must require closed captions for video programming delivered using Internet protocol if that programming was published or shown on television with captions after the regulations took effect. (B) Schedule. The regulations under this paragraph must include a suitable schedule of deadlines for providing closed captions. The schedule must take into account whether the programming was prerecorded and edited for Internet distribution, or was live or near-live and not edited for Internet distribution. (C) Cost. The Commission may delay or waive the regulation under subparagraph (A) to the extent that it finds applying the regulation to live video programming delivered using Internet protocol with captions after the regulations took effect would create an economic burden for video-programming providers or program owners. (D) Requirements for regulations. The regulations under this paragraph: (i) must include a definition of “near-live programming” and “edited for Internet distribution”; this section does not define those terms; (ii) may exempt any service, class of service, program, class of program, equipment, or class of equipment if the Commission has determined that applying the regulations would create an economic burden for the provider of that service, program, or equipment; (iii) must clarify that, for purposes of implementing this subsection, “video programming distributors” and “video programming providers” include an entity that directly makes video programming available to the end user through a distribution method using Internet protocol; (iv) must describe the responsibilities of video-programming providers or distributors and video-programming owners; (v) must establish a continuing way to make information about video programming covered by the Act available to video-programming providers and distributors; (vi) must provide that a video-programming provider or distributor is considered in compliance if it enables closed captions to be rendered or passed through and makes a good-faith effort to identify video programming covered by the Act using the mechanism created under clause (v); and (vii) must provide that a minor failure by a video-programming provider or owner to comply with the regulations is not treated as a violation of the regulations. (3) Alternate means of compliance. An entity may meet this section’s requirements by using methods different from those prescribed by the regulations under subsection (b), as revised under paragraph (2)(A) of this subsection, if the Commission determines that the requirements of this section are met. (d) Exemptions. Despite subsection (b): (1) the Commission may exempt by regulation programs, classes of programs, or services if it has determined that providing closed captions would create an economic burden for the provider or owner of the programming; (2) a video-programming provider or the owner of a program carried by that provider does not have to supply closed captions if doing so would conflict with contracts in effect on February 8, 1996. But this section does not relieve a video-programming provider of an obligation under Federal law to provide services; and (3) a video-programming provider or program owner may ask the Commission for an exemption. The Commission may grant the request if the provider or owner shows that the requirements would create an economic burden. While the request is pending, the provider or owner is exempt from this section’s requirements. The Commission must grant or deny the request, in whole or in part, within 6 months after receiving it, unless the Commission finds that more time is needed to determine whether the requirements would create an economic burden. (e) Undue burden. “Undue burden” means significant difficulty or expense. When deciding whether the closed captions needed to meet this paragraph’s requirements would create an undue economic burden, the Commission must consider: (1) the nature and cost of the closed captions for the programming; (2) the effect on the provider’s or program owner’s operations; (3) the provider’s or program owner’s financial resources; and (4) the type of operations of the provider or program owner. This section does not otherwise define the term “undue economic burden.” (f) Video description. (1) Reinstatement of regulations. On the date 1 year after October 8, 2010, the Commission must, after conducting a rulemaking, reinstate its video-description regulations in the Implementation of Video Description of Video Programming Report and Order (15 F.C.C.R. 15,230 (2000)), reconsideration granted in part and denied in part (16 F.C.C.R. 1251 (2001)), with the changes in paragraph (2). (2) Modifications to reinstated regulations. The regulations may be changed only as follows: (A) They must apply to “video programming,” as defined in subsection (h), when that programming is transmitted for display on television in digital format. (B) The Commission must update the list of the top 25 designated market areas, the list of the top 5 national nonbroadcast networks that have at least 50 hours each quarter of prime-time programming not exempt under this paragraph, and the beginning calendar quarter used to calculate compliance. (C) The regulations may allow a video-programming provider or program owner to ask the Commission for an exemption if it shows that the requirements would create an economic burden. (D) The Commission may exempt from the regulations under paragraph (1) any service, class of services, program, class of programs, equipment, or class of equipment if it has determined that applying the regulations would create an economic burden for the provider of that service, program, or equipment. (E) The regulations must not apply to live or near-live programming. This section does not define “near-live programming.” (F) The regulations must set an appropriate phased schedule of compliance deadlines. (G) The Commission must consider extending to all providers and owners of video programming the exemptions and limits in the reinstated regulations that are based on technical capability. (3) Inquiries on further video-description requirements. No later than 1 year after the reinstated regulations have finished being phased in, the Commission must begin the following inquiries. One year after that, it must report to Congress on the findings for each inquiry: (A) Video description in television programming. The availability, use, and benefits of video description for video programming distributed on television; the technical and creative issues connected with providing it; and the financial costs of providing it for video-programming providers and program owners. (B) Video description in video programming distributed on the Internet. The technical and operating issues, costs, and benefits of providing video descriptions for video programming delivered using Internet protocol. (4) Continuing Commission authority. (A) In general. The Commission may not issue additional regulations unless, at least 2 years after completing the reports required by paragraph (3), it determines that the need for and benefits of providing video description for video programming transmitted for display on television are greater than the technical and economic costs of providing the additional programming. (B) Limitation. If the Commission makes that determination and issues additional regulations, it may not increase the total hourly 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 completing the reports required by paragraph (3), the Commission must phase in the video-description regulations for the top 60 designated market areas. It may grant waivers to entities in specific designated market areas when it considers that appropriate. (ii) Phase-in deadline. The phase-in must be completed no later than 6 years after October 8, 2010. (iii) Report. Nine years after October 8, 2010, the Commission must submit a report to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation. The report must assess: (I) the types of described video programming available to consumers; (II) consumers’ use of that programming; (III) the costs to program owners, providers, and distributors of creating it; (IV) the potential costs to program owners, providers, and distributors in designated market areas outside the top 60 of creating it; (V) the benefits of that programming to consumers; (VI) the amount of that 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 Commission has authority, based on the findings, conclusions, and recommendations in the report under clause (iii), to phase in the video-description regulations for up to 10 additional designated market areas each year: (I) if the Commission determines that the costs of applying the regulations to program owners, providers, and distributors in those additional markets are reasonable; and (II) the Commission may grant waivers to entities in specific designated market areas when it considers that appropriate. (g) Emergency information. No later than 1 year after the Advisory Committee report under subsection (e)(2) is submitted to the Commission, the Commission must complete a proceeding to: (1) identify ways to communicate “emergency information” in a way accessible to people who are blind or visually impaired; and (2) issue regulations requiring video-programming providers and distributors and program owners to communicate that emergency information in a way accessible to people who are blind or visually impaired. The term “emergency information” is defined in 47 C.F.R. § 79.2, not in this section. The terms “video programming providers” and “video programming distributors” are defined in 47 C.F.R. § 79.1, not in this section. (h) Definitions. For this section, section 303 of this title, and section 330 of this title: (1) Video description. “Video description” means inserting audio descriptions narrated for the key visual parts of a television program during natural pauses between the program’s dialogue. (2) Video programming. “Video programming” means programming by, or generally considered comparable to programming provided by, a television broadcast station. It does not include “consumer-generated media,” which is defined in section 153 of this title. (j) Private rights of action prohibited. Nothing in this section authorizes a private right of action to enforce a requirement of this section or a regulation under it. The Commission has exclusive jurisdiction over any complaint under this section.