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 (u)— by adjusting the margins two ems to the left; in paragraph (1)(C), by striking visually impaired and inserting low vision ; in paragraph (2)— by striking subparagraph (A); and by redesignating subparagraphs
(B)and
(C)as subparagraphs
(A)and (B), respectively; 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. ; and by striking subsections
(aa)and
(bb)and inserting the following: Require for all digital apparatus designed to receive or play back video programming made available simultaneously with sound, including apparatus designed to receive or display video programming made available using Internet protocol or any successor protocol, and navigation devices (as defined in section 76.1200 of title 47, Code of Federal Regulations, or any successor regulation) for the display or selection of multichannel video programming manufactured or imported into the United States, that each apparatus or device— be designed, developed, and fabricated so that control of appropriate built-in apparatus functions are accessible to and usable by individuals with disabilities, including individuals who are blind or low-vision, individuals with mobility disabilities, and individuals with speech disabilities, except that the Commission may not specify the technical standards, protocols, procedures, and other technical requirements for meeting this requirement; if equipped with built-in on-screen text menus or other visual indicators that are used to access its functions, to accompany such functions with audio output that is either integrated or peripheral to the apparatus or navigation device, so that such menus or indicators are accessible to and usable by individuals who are blind or low-vision in real-time; provides easy access to closed captioning 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 dedicated and tactilely identifiable button of at least similar size to other buttons on the remote control that is— clearly labeled for closed captions; and easily locatable on the remote control to activate and deactivate closed captions; and if the apparatus or device is controlled by means other than a remote control, providing a dedicated button, key, or icon that is prominently displayed, clearly labeled for closed captions, and easily locatable to activate and deactivate closed captions; provides easy 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 dedicated and tactilely identifiable button of at least similar size to other buttons on the remote control that is— clearly labeled for audio description; and easily locatable on the remote control to activate and deactivate audio description; and if the apparatus or device is controlled by means other than a remote control, providing a dedicated button, key, or icon that is prominently displayed, clearly labeled for audio description, and easily locatable to activate and deactivate audio description; provides easy 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 dedicated and tactilely identifiable button that is prominently displayed, clearly labeled for accessibility settings, and easily locatable 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 button, key, or icon that is prominently displayed, clearly labeled for accessibility settings, and easily discoverable that— permits the user to change closed captioning display and audio description performance settings; is displayed proximately to the video playback interface; 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
(5)upon initial power-on after user purchase of the apparatus or device 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
(6)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 assistive technologies and services, peripheral devices, or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, including refreshable braille displays, switch activation such as sip and puff devices, hearing aids, hands-free technologies, and voice control technologies. . In this subsection, the term navigation device has the meaning given the term in section 76.1200 of title 47, Code of Federal Regulations, or any successor regulation. 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), which shall— define categories of entities engaged in manufacturing, importing into the United States, maintaining, operating, or providing applications, plugins, or other software for apparatus and navigation devices; and apportion the responsibilities for compliance with subsections (u), (z), and
(aa)of section 303 of the Communications Act of 1934 ( 47 U.S.C. 303 ) among the entities defined by the Commission under paragraph (1)— to ensure full access by viewers via all entities and combinations of entities responsible for digital apparatus and navigation devices; and to ensure that the regulations can be enforced effectively against responsible parties.
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Sec. 201
Video playback apparatuses
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