Video Description Restoration Act
To amend Sections 303, 711, and 713 of the Communications Act of
1934
Sec. 1. SHORT TITLE - This Act may be cited as the "Video
Description
Restoration Act of 2003"
Sec. 2. (a) FINDINGS - The Congress finds that -
(1)Television plays a critical role in our society as a vital
source of news, information, local and community affairs,
education, and entertainment; (2)The inability of more than
eight to twelve million Americans with visual disabilities to
follow the visual action in television programs puts these
individuals at a significant disadvantage in
their daily lives; (3)The nation has a compelling public
interest in furthering the safety, security and well-being of
persons who are blind and visually impaired by ensuring, to the
fullest extent made possible by technology, equal access to the
television medium; (4)Video description can assist millions of
school aged children with learning disabilities by enhancing the
televised information to which they have access. (5) Digital
technology facilitates the accommodation and provision of video
description; (6) The United States Court of Appeals for the
District
of Columbia Circuit has ruled that the Federal Communications
Commission lacked authority to issue regulations that would
ensure accessibility to video programming by persons who are
blind and visually impaired through video description; and (7)Legislative
action is necessary to restore the authority of the
Commission to establish rules and regulations to require video
description.
(b) PURPOSE - It is the purpose of this Act to provide a clear
and
comprehensive mandate for the provision of access to video
programming by persons who are blind and visually impaired
through video description.
Sec. 3. DEFINITIONS
(a) VIDEO DESCRIPTION - The term "video description" has the
meaning given to it by section 713(g) of this Act. (42 U.S.C.
613(g)). (b) UNDUE BURDEN - The term "undue burden" has the
meaning given to it by section 713(e) of
this Act. (42 U.S.C. 613(e)). Sec 4. COMMISSION AUTHORITY -
Section 303 of the Act is amended by adding thereto subsection
(z), as follows:
"Except as otherwise provided in this Act, the Commission from
time to time, as public convenience, interest, or
necessity requires, shall -
(z) have authority to make rules and regulations to ensure that
video programming, including emergency video programming, is
accessible through video description." Sec. 5. REGULATIONS
REQUIRED - Section 713 (f) of the Act is amended as follows: The
Commission shall, (1) within six months after the enactment of
this section, reinstate regulations previously set forth in 47
C.F.R. 79.3 (2001) of the Commission's rules governing the
provision of video description on video programming; (2) within
one year after the enactment of this section establish an
appropriate schedule of deadlines to ensure that video
programming first published or exhibited after the effective
date of such regulations is fully accessible through
the provision of video description. The requirements contained
in such schedule shall exceed such requirements as are set forth
in the Commission's rules referenced in subsection (1); (3)
within one year after the enactment of this section establish
regulations to ensure that individuals who are blind or visually
impaired are provided with a readily accessible means of opening
and closing video descriptions via the second
audio programming channel or its equivalent; (4) within one year
after the enactment of this section establish regulations to
ensure access to on-screen menus and other navigational
programming tools by persons who are
blind and visually impaired; and (5) within one year after the
enactment of this section establish regulations to require video
programming providers and owners to make available, through
ordinary distribution channels, notice about the existence of
programs containing video description."
Sec. 6. Section 713 is amended by adding the following
subsections (i) and (j) "(i) EXEMPTIONS - Notwithstanding section
(f) - (1) the Commission may exempt by regulation programs or
classes of programs for which the Commission has determined
that the provision of video description would be -
i. unduly burdensome to the provider or owner of such
programming; or ii.
not necessary to achieve video programming accessibility by
persons who are blind and visually impaired. (2) 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.
(3) Except that nothing in this section may be construed to
exempt
video program providers or owners from
existing and future obligations to provide access by
persons who are blind and visually impaired to televised
emergency programming.
(j) NEW TECHNOLOGIES - As new video technology is developed, the
Commission shall take such action as the Commission determines
appropriate to ensure that video description continues to be
available to viewers."
Sec. 7 Section 711 of the Act is amended as follows: "Sec. 711.
Closed-captioning and video description of public service
announcements
Any television public service announcement that is produced or
funded in whole or in part by any agency or instrumentality of
Federal Government shall include closed captioning of the verbal
content of such announcement, and video description of the
visual content of such announcement. A
television broadcast station licensee -
(1) shall not be required to supply closed captioning or video
description
for any such announcement that fails to include it; and
(2) shall not be liable for broadcasting any such announcement
without transmitting a closed caption or video description
unless the licensee intentionally fails to transmit the closed
caption or video description that was included with the
announcement."
End of text of VDRA.
Now is the time. Let's get to work!
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