Sec. 102. Closed captioning
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Section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ) is amended— by redesignating subsections
(d)through
(h)as subsections
(e)through (i), respectively; in subsection (c), by striking paragraphs
(2)and
(3)and inserting the following: Not later than 18 months after the date of submission of the report to the Commission required under section 106(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall revise its regulations to require the provision, receipt, and display of closed captioning on video programming made available using Internet protocol or any successor protocol published or exhibited after the effective date of the revised regulations. The regulations revised under this paragraph shall include an appropriate schedule of deadlines, the latest of which shall be not later than 6 years after the date of submission of the report to the Commission required under section 106(f)(1) of the Communications, Video, and Technology Accessibility Act of 2022 , for the provision, receipt, and display of closed captioning on video programming made available using Internet protocol or any successor protocol, taking into account whether the programming— is prerecorded, live, or near-live; has been made available to viewers before the effective date of the revised regulations; and was live or near-live at the time it was initially made available. The regulations revised under this paragraph— shall— define categories of entities engaged in making available video programming; and apportion the responsibilities for the provision, quality, pass-through, and rendering of closed captions among the entities defined by the Commission under subclause (I)— to ensure full access by viewers via all entities and combinations of entities that make video programming available to viewers; and to ensure that the regulations can be enforced effectively against responsible parties; shall require that an entity engaged in making available user-generated video, whether or not the entity is also engaged in making available video that is not user-generated video, provide easy-to-use authoring tools that— permit users of the entity to add closed captions; and conspicuously prompt users of the entity to use the tools; shall not distinguish between full-length programming and video clips; and for the purposes of determining closed captioning obligations under this section and assessing compliance with the regulations of the Commission governing the quality of closed captioning under paragraphs (j), (k), and
(m)of section 79.1 of title 47, Code of Federal Regulations, or any successor regulation governing closed captioning quality, treat any programming that was live programming or near-live programming at the time that it was initially made available to viewers as prerecorded programming if it is again made available to viewers more than 24 hours after its initial availability. ; by inserting after subsection
(c)the following: Not later than 4 years after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022 , the Commission shall revise its regulations to extend the requirements for the quality of closed captions under paragraphs (j), (k), and
(m)of section 79.1 of title 47, Code of Federal Regulations, or any successor regulation, to all programming made available via Internet protocol or any successor protocol. Not later than 4 years after the date of enactment of the Communications, Video, and Technology Accessibility Act of 2022 , and every 4 years thereafter, the Commission shall— update its regulations pertaining to the quality of closed captions as necessary to reflect technological and methodological advances, to the extent deployment of such advances will improve the quality of closed captions; and take any action, including enforcement, necessary to ensure compliance with its regulations pertaining to the quality of closed captions. ; and in subsection (e), as so redesignated— in the matter preceding paragraph (1), by striking subsection
(b)and inserting subsections
(b)and
(c); in paragraph (1), by striking the provider or owner of such programming and inserting an entity responsible for publishing, exhibiting, or making available such programming ; and by striking paragraph
(3)and inserting the following: an entity responsible for publishing, exhibiting, or making available video programming may petition the Commission for an exemption from the requirements of subsection
(b)or (c), and the Commission may grant the petition upon a showing that the requirements would be economically burdensome. The Commission shall act to grant or deny any such petition, in whole or in part, not later than 6 months after the Commission receives the petition, unless the Commission finds that an extension of the 6-month period is necessary to determine whether the requirements are economically burdensome. . Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall reassess the second sentence of paragraph (a)(10) and reassess paragraph
(d)of section 79.1 of title 47, Code of Federal Regulations, to eliminate categorical exemptions that impede access to video programming, are outdated, or are no longer warranted under subsection (e)(1) of section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ), as so redesignated by subsection
(a)of this section.
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