Sec. 106. Closed Captioning, Audio Description, and Sign Language Advisory Committee

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In this section: The term Advisory Committee means the Closed Captioning, Audio Description, and Sign Language Advisory Committee established under subsection (b). The term Chair means the Chairman of the Commission. The term Commission means the Federal Communications Commission. The term consumer generated media has the meaning given the term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). In this section, the terms audio description , live programming , near-live programming , online video programming , prerecorded programming , and video programming have the meanings given those terms in section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ), as amended by this title.

Not later than 60 days after the date of enactment of this Act, the Chair shall establish an advisory committee to be known as the Closed Captioning, Audio Description, and Sign Language Advisory Committee . The Chair shall appoint individuals who have the technical knowledge and engineering expertise to serve on the Advisory Committee in the fulfillment of its duties, including the following: Individual representatives, or representatives of national organizations, including broadcasters and multichannel video programming distributors (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 )), engaged in making available video programming, including online video programming.

Individual representatives, or representatives of national organizations, of vendors, developers, and manufacturers of systems, facilities, information technology equipment, and consumer electronics for the provision of video programming, including online video programming. Individuals with expertise generating consumer generated media. Representatives of national organizations representing individuals with disabilities and older Americans. Representatives of service agencies engaged in the provision of captioning and audio description for video programming, including online video programming.

Academic experts or representatives of research institutes with expertise on closed captioning and audio description. Individuals with expertise that can contribute to standards for the display of sign language interpretation on video programming. Other individuals with technical and engineering expertise, as the Chair determines appropriate. Not later than 180 days after the date of establishment of the Advisory Committee under subsection (b), the Advisory Committee shall develop and submit to the Commission recommendations that include the following:

A recommended schedule of deadlines for the provision of closed captioning and audio description on online video programming. Identification of, and recommendations for, the protocols and technical capabilities, standards, and procedures needed to enable responsible entities to reliably provide, receive, and display closed captions and audio description of online video programming. A recommendation for any regulations that may be necessary to ensure compatibility between online video programming and apparatuses and navigation devices capable of receiving and displaying such programming in order to facilitate access to closed captions and audio description.

Identification of the categories of entities involved in the delivery of online video programming, along with a recommendation on how to apportion the responsibilities for the provision, quality, pass-through, and display of closed captions and the provision, quality, pass-through, and performance of audio description among those entities to ensure full access by viewers. A recommendation for defining metrics and thresholds to be used for measuring— the accuracy, synchronicity, completeness, and placement of closed captions for live programming as necessary to afford access to video programming that is functionally equivalent to the access provided by the audio track, with minimum thresholds that are neutral to different modalities for creating closed captions; and the quality of audio description as necessary to afford access to video programming that is functionally equivalent to the access provided visually with minimum thresholds that are neutral to different modalities for creating audio description.

A recommendation for the achievability of making audio description available on a dedicated audio channel. A recommendation for standards, protocols, and procedures to ensure that audio described video programming is labeled and searchable or otherwise easily discoverable through navigation devices, apparatuses, applications, and other methods on which such programming is published, exhibited, or made available. A recommendation for best practices for ensuring that closed captions and audio description on programming that was live programming or near-live programming at the time that it was initially made available to viewers are subsequently made available at the level of quality required for prerecorded programming.

Identification of attributes of easy-to-use authoring tools that permit users who post videos on a platform to add closed captions and audio description to online video programming. Recommendations for applying the closed captioning and audio description obligations under section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ), as amended by this title, to consumer generated media, including— thresholds and measures used to determine the extent to which the obligations, including obligations for providing closed captioning and audio description on video clips, should apply to consumer generated media, for which the Advisory Committee may consider— the volume of postings; the size of viewership; whether the obligation is economically burdensome (as defined in section 713(f) of the Communications Act of 1934 ( 47 U.S.C. 613(f) ), as amended by this title); and other measures as necessary to ensure expanded access for individuals with disabilities; deadlines for bringing consumer generated media into compliance with the obligations; and reasonable timeframes for providers of consumer generated media to respond to consumer complaints and concerns relating to closed captioning and audio description on consumer generated media.

Recommendations for applying the closed captioning and audio description obligations under section 713 of the Communications Act of 1934 ( 47 U.S.C. 613 ), as amended by this title, to online video programming that was first made available before the effective date of the applicable regulations revised under that section, pursuant to this title, including— deadlines for bringing such programming into compliance with the closed captioning and audio description obligations, for which the Advisory Committee may consider— the volume of programming; the size of viewership; whether the obligation is economically burdensome (as defined in section 713(f) of the Communications Act of 1934 ( 47 U.S.C. 613(f) ), as amended by this title); and other measures as necessary to ensure expanded access for individuals with disabilities; the intervals at which determinations under clause

(i)should be reviewed and updated; and reasonable timeframes for providers of such programming to respond to consumer complaints and concerns relating to closed captioning and audio description on such programing. Not later than 6 months after the date of establishment of the Advisory Committee, the Advisory Committee shall develop and submit to the Commission recommendations for standards to ensure that where sign language is provided on video programming, it is visible on the viewer’s screen throughout the programming. The initial meeting of the Advisory Committee shall take place not later than 45 days after the date on which the Chair has appointed all the members of the Advisory Committee under subsection (c). After the initial meeting, the Advisory Committee shall meet at the call of the Chair. Any meeting held by the Advisory Committee shall be noticed not later than 14 days before the meeting and shall be open to the public. The presence of one-third of the members of the Advisory Committee shall constitute a quorum for conducting the business of the Advisory Committee. To assist the Advisory Committee in carrying out its functions, the Chair may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts. The Advisory Committee may adopt other procedural rules as needed. Chapter 10 of title 5, United States Code, shall not apply to the Advisory Committee.

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47 USC 153
47 USC 613
47 USC 522
47 USC 613(f)

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Sec. 106

Closed Captioning, Audio Description, and Sign Language Advisory Committee

Cite47 USC 153

Cite47 USC 613

Cite47 USC 522

Cite47 USC 613(f)

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