Sec. 201. Video playback apparatuses
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Section 303 of the Communications Act of 1934 ( 47 U.S.C. 303 ) is amended— in subsection (z)— by adjusting the margins two ems to the left; in paragraph (1), by striking video description each place it appears and inserting audio description ; and in paragraph (2)— by striking available to and inserting the following: available— to ; in subparagraph (A), as so designated— by striking or render ; and by striking audible. and inserting the following: audible, which— shall require encoding closed captions and audio description data along with audio and video transmission in a format that can be adjusted and rendered by the consumer equipment consistent with the requirements of subsection (cc); and does not include merely rendering closed captions or audio description into visual or aural forms on the source device; and ; and by adding at the end the following: to enable the activation of closed captions, audio description, and emergency information on the consumer equipment. ; in subsection (aa)— by adjusting the margins two ems to the left; in paragraph (1)— by striking transmitted in digital format and inserting made available ; and by inserting or any successor protocol after protocol ; in paragraph (2), by adding and at the end; by striking paragraph (3); and by redesignating paragraph
(4)as paragraph (3); in subsection (bb)— in paragraph (1), by adding and at the end; by striking paragraph (2); by redesignating paragraph
(3)as paragraph (2); and in paragraph (2), as redesignated, by adjusting the margins two ems to the left; and by adding at the end the following: Require for all digital apparatus covered under subsection
(aa)and navigation devices covered under subsection
(bb)manufactured or imported into the United States that each apparatus or device— provides access to closed captioning activation by— if the apparatus or device is controlled by a physical remote control included with the device at the time of purchase, providing a tactilely identifiable, clearly labeled, and dedicated button on the remote control to activate and deactivate closed captions of at least similar size to other buttons on the remote control; and if the apparatus or device is controlled by means other than a remote control, providing a prominently displayed, easily identifiable, accessible, and dedicated button, key, or icon to activate and deactivate closed captions; provides access to audio description activation by— if the apparatus or device is controlled by a physical remote control included with the apparatus or device at the time of purchase, providing a tactilely identifiable, clearly labeled, and dedicated button on the remote control to activate and deactivate audio description of at least similar size to other buttons on the remote control; and if the apparatus or device is controlled by means other than a remote control, providing a prominently displayed, easily identifiable, accessible, and dedicated button, key, or icon to activate and deactivate audio description; provides access to closed captioning display settings, including the technical capabilities set forth in section 79.103(c) of title 47, Code of Federal Regulations, or any successor regulation, and audio description performance settings, including the capability to adjust the relative volumes of audio description and the audio track of a program, by— if the apparatus or device is controlled by a physical remote control included with the apparatus or device at the time of purchase, providing a tactilely identifiable button, clearly labeled, and dedicated button on the remote control— to permit the user to change closed captioning and audio description settings that permits previewing the settings while leaving the underlying programming visible and audible; and that is of at least similar size to other buttons on the remote control; and if the apparatus or device is controlled by means other than a remote control, providing a dedicated mechanism that permits the user to change closed captioning and audio description settings that— is displayed proximately to the video playback interface; is easily discoverable; and permits previewing the settings while leaving the underlying programming visible and audible; provides a user with a prompt to modify closed caption activation and display settings and audio description activation and performance settings required under paragraphs
(1)through
(3)upon initial power-on or upon a reset to factory settings of the apparatus or device; ensures that closed caption activation and display settings and audio description activation and performance settings required under paragraphs
(1)through
(3)persist across all video playback functionality on the apparatus or device, including in applications or other software or plug-ins added by the user after the sale of the apparatus or device, and after powering off or restarting the apparatus or device, until a user changes the settings or the apparatus or device is reset to factory default settings by the user; and provides the necessary hardware and software to achieve compatibility with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, including refreshable braille displays, sip and puff devices, and hearing aids. . Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement the amendments made by subsection (a).
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Sec. 201
Video playback apparatuses
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