< Back to H.R. 6320 (110th Congress, 2007–2009)

Text of the Twenty-first Century Communications and Video Accessibility Act of 2008

This bill was introduced on June 19, 2008, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 19, 2008 (Introduced).

Source: GPO

I

110th CONGRESS

2d Session

H. R. 6320

IN THE HOUSE OF REPRESENTATIVES

June 19, 2008

(for himself, Mrs. Wilson of New Mexico, Mrs. Capps, Ms. Solis, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To ensure that individuals with disabilities have access to emerging Internet Protocol-based communication and video programming technologies in the 21st Century.

1.

Short title; Table of contents

(a)

Short title

This Act may be cited as the Twenty-first Century Communications and Video Accessibility Act of 2008.

(b)

Table of contents

Sec. 1. Short title; Table of contents.

Title I—Communications Access

Sec. 101. Definitions.

Sec. 102. Hearing aid compatibility.

Sec. 103. Relay services.

Sec. 104. Access to Internet-based services and equipment.

Sec. 255A. Access to Internet-based services and equipment.

Sec. 255B. Enforcement and reporting obligations.

Sec. 105. Universal service.

Sec. 106. Emergency access and real-time text support.

Sec. 255C. Emergency access and real-time text support.

Title II—Video programming

Sec. 201. Commission inquiry on closed captioning decoder and video description capability, user interfaces, and video programming guides and menus.

Sec. 202. Closed captioning decoder and video description capability.

Sec. 203. Video description and closed captioning.

Sec. 204. User interfaces regulations.

Sec. 205. Access to video programming guides and menus.

I

Communications Access

101.

Definitions

Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended—

(1)

by adding at the end the following new paragraphs:

(53)

Disability

The term disability has the meaning given such term under section 3(2)(A) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)(A)), as such section may be amended from time to time.

(54)

Interconnected VoIP service

The term interconnected VoIP service has the meaning given such term by section 9.3 of the Commission’s rules (47 CFR 9.3).

(55)

IP-enabled communication service

(A)

The term IP-enabled communication service means a transmission service between or among points specified by the user, of information of the user’s choosing, using the Internet protocol (or a successor protocol) if such transmission is for the purpose of enabling bilateral or multilateral voice, text, or video communication, utilization of interactive voice response or voice mail systems, or other similar communications-based applications, and uses—

(i)

an Internet connection from the user’s location; and

(ii)

customer premises equipment that is compatible with the Internet protocol (or a successor protocol).

(B)

Such term includes any service that is an interconnected VoIP service.

; and

(2)

by reordering paragraphs (1) through (52) and the paragraphs added by paragraph (1) of this section in alphabetical order based on the headings of such paragraphs, and renumbering such paragraphs as so reordered.

102.

Hearing aid compatibility

(a)

Amendment

Section 710(b)(1) of the Communications Act of 1934 (47 U.S.C. 610(b)(1)) is amended—

(1)

by striking and at the end of subparagraph (A);

(2)

by inserting and after the comma at the end of subparagraph (B); and

(3)

by inserting after subparagraph (B) the following new subparagraph:

(C)

all customer premises equipment used to provide an IP-enabled communication service that provides voice communication via a built-in speaker (typically held to the ear) and that are manufactured in the United States (other than for export) more than one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, or are shipped in interstate commerce in the United States more than one year after such date,

.

103.

Relay services

(a)

Definition

Paragraph (3) of section 225(a) of the Communications Act of 1934 (47 U.S.C. 225(a)(3)) is amended to read as follows:

(3)

Telecommunications relay services

The term telecommunications relay services means telephone transmission that provides the ability for an individual who is deaf or hard of hearing or who has a speech disability to engage in communication by wire or radio with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio.

.

(b)

Internet-based Telecommunications Relay Services

Section 225 of such Act is further amended—

(1)

by inserting by Common Carriers after Provision of Services in the heading of subsection (c);

(2)

by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively;

(3)

by inserting after subsection (d) the following new subsection:

(e)

Internet-based Telecommunications Relay Services

Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, each interconnected VoIP service provider and each provider of voice communications using an IP-enabled communication service shall participate in and contribute to the Telecommunications Relay Services Fund established in section 64.404(c)(5)(iii) of the Commission’s regulations (47 CFR 64.404(c)(5)(iii)), as in effect on the date of enactment of such Act, in a manner prescribed by the Commission by regulation to provide for obligations of such providers that are consistent with and comparable to the obligations of other contributors to such Fund.

;

(4)

in subsection (f)(1) (as redesignated by paragraph (2) of this subsection), by striking subsections (f) and (g) and inserting subsections (g) and (h);

(5)

in subsections (h)(1) and (h)(2)(B) (as so redesignated), by striking subsection (f) each place it appears and inserting subsection (g).

104.

Access to Internet-based services and equipment

(a)

Amendment

Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting after section 255 the following new sections:

255A.

Access to Internet-based services and equipment

(a)

Manufacturing

A manufacturer of equipment used for IP-enabled communication services, including end user equipment, network equipment, and software, shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, unless the requirement of this subsection would result in an undue burden.

(b)

Service providers

A provider of IP-enabled communication service shall ensure that its service is accessible to and usable by individuals with disabilities, unless the requirement of this subsection would result in an undue burden.

(c)

Compatibility

Whenever the requirements of subsections (a) and (b) constitute an undue burden, such manufacturer or provider shall ensure that the equipment or service is compatible with existing peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities to achieve access, unless the requirement of this subsection would result in an undue burden.

(d)

Network features, functions, and capabilities

Each provider of IP-enabled communication service has the duty not to install network features, functions, or capabilities that do not comply with the regulations established pursuant to this section.

(e)

Regulations

Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall prescribe such regulations as are necessary to implement this section. In prescribing the regulations, the Commission shall—

(1)

include standards to ensure the accessibility, usability, and compatibility of IP-enabled communication services and the equipment used for such services by individuals with disabilities; and

(2)

provide that IP-enabled communication services, the equipment used for such services, and IP-enabled communication service networks may not impair or impede the accessibility of information content when accessibility has been incorporated into that content for transmission through IP-enabled communication services, equipment, or networks.

(f)

Remedies

The limitations on actions in section 255(f) shall not apply to this section.

(g)

Definition

For purposes of this section, the term undue burden means significant difficulty or expense. In determining whether the requirements of any provision of this section would result in an undue burden, the factors to be considered include—

(1)

the nature and cost of the steps required for the manufacturer or provider;

(2)

the impact on the operation of the manufacturer or provider;

(3)

the financial resources of the manufacturer or provider; and

(4)

the type of operations of the manufacturer or provider.

255B.

Enforcement and reporting obligations

(a)

Complaint and Enforcement Procedures

Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall establish regulations that facilitate the filing of complaints that allege a violation of section 255 or 255A, establish procedures for enforcement actions by the Commission with respect to such violations, and create reporting obligations for manufacturers and providers subject to such sections. Such regulations shall include the following provisions:

(1)

No fee

The Commission shall not charge any fee to an individual who files a complaint alleging a violation of section 255 or 255A.

(2)

Receipt of complaints

The Commission shall establish separate and identifiable electronic, telephonic, and physical receptacles for the receipt of complaints filed under section 255 or 255A.

(3)

Complaints to the Commission

Any person alleging a violation of section 255 or 255A by a manufacturer of equipment or provider of service subject to such sections may file a complaint with the Commission. The Commission shall investigate the allegations in such complaint and issue a final order concluding the investigation within 90 days of the date on which such complaint was filed with the Commission, unless such complaint is resolved before such time. The Commission may consolidate for investigation and resolution complaints alleging substantially the same violation by the same manufacturer or provider. Such final order shall include a determination as to whether any violation has occurred and, if the Commission determines that a violation has occurred, address the manner in which the manufacturer or service provider will achieve accessibility, compatibility, or usability required by section 255 or 255A. If a determination is made that a violation has occurred but the accessibility feature requested is not readily achievable under section 255 or will create an undue burden under section 255A, the Commission shall provide the basis for such determination.

(4)

Cease and desist orders

If the Commission’s investigation pursuant to paragraph (3) determines that a manufacturer of equipment or provider of service is engaged in an act prohibited by section 255 or 255A, or is failing to perform any act required by section 255 or 255A, the Commission shall order such manufacturer or provider to cease from violating such section.

(5)

Forfeiture penalties

A manufacturer of equipment or provider of service subject to the requirements of section 255 or 255A shall be subject under section 503 to a civil penalty for violation of section 255 or 255A in an amount determined under section 503(b)(2)(B).

(6)

Reporting

Each manufacturer of equipment used for IP-enabled communication services and each provider of IP-enabled communication service shall—

(A)

file a report with the Commission, on an annual basis, that describes the steps that have been taken by such manufacturer or provider during the preceding year to implement sections 255 and 255A, including—

(i)

information about the company’s efforts to consult with people with disabilities;

(ii)

descriptions of the accessibility features of its products and services; and

(iii)

information about the compatibility of their products and services with peripheral devices or specialized customer premise equipment commonly used by people with disabilities to achieve access; and

(B)

maintain, in the ordinary course of business, records of the efforts taken by such manufacturer or provider to implement sections 255 and 255A.

(b)

Reports to Congress

Every two years after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that assesses the level of compliance with section 255 or 255A and evaluates the extent to which any accessibility barriers still exist with respect to new technologies. Such report shall include—

(1)

the number and nature of complaints received pursuant to subsection (a) during the two years that are the subject of the report;

(2)

actions taken to resolve such complaints under this section, including cease and desist orders issued and forfeiture penalties assessed; and

(3)

the length of time that was taken by the Commission to resolve each such complaint.

(c)

Clearinghouse

The Commission shall, in coordination with the Architectural and Transportation Barriers Compliance Board and the National Telecommunications and Information Administration, establish a clearinghouse of information on the availability of accessible products and services and accessibility solutions required under sections 255 and 255A. Such information shall be made publicly available on the Commission’s website and by other means, and shall include an annually updated list of products and services with access features.

(d)

Outreach and education

Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission, in coordination with the National Telecommunications and Information Administration, shall conduct an informational and educational program designed to inform the public about the availability of the clearinghouse, and the protections and remedies available under sections 255 and 255A.

.

(b)

Conforming Amendment

Section 255(a) of the Communications Act of 1934 (47 U.S.C. 255(a)) is amended by adding at the end the following new paragraph:

(3)

Text messages

The transmission and receipt of text messages sent by radio to and from mobile wireless devices (made available through short message service or similar means) are telecommunications services for purposes of this section and the enforcement of this section under section 255B.

.

105.

Universal service

(a)

Consumers with disabilities

Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended—

(1)

in subsection (b)—

(A)

by redesignating paragraph (7) as paragraph (8); and

(B)

by inserting after paragraph (6) the following new paragraph:

(7)

Access by consumers with disabilities

Consumers with disabilities should have access to telecommunications services and IP-enabled communication services, including interexchange services and advanced telecommunications and information services.

; and

(2)

in subsection (c), by adding at the end the following new paragraph:

(4)

Individuals with disabilities

Notwithstanding subsection (j), the Commission shall, in order to implement the principle established in subsection (b)(7), designate as services supported by Lifeline and Link Up assistance programs and other Federal universal service support mechanisms those telecommunications services and IP-enabled communication services that are needed by individuals with disabilities to engage in communication with one or more other individuals in a manner that is functionally equivalent to the ability of individuals without disabilities to engage in such communication.

.

(b)

Allocation of USF for services for individuals with disabilities

Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is further amended—

(1)

by redesignating subsections (i) through (l) as subsections (j) through (m), respectively; and

(2)

by inserting after subsection (h) the following new subsection:

(i)

Individuals who are deaf-blind

(1)

In general

Within 6 months after the date of the enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall establish rules that define as eligible for universal service support those programs that are certified by a State commission or approved by the Commission for the distribution of specialized customer premises equipment designed to make telecommunications service and IP-enabled communication service, including interexchange services and advanced telecommunications and information services, accessible by individuals who are deaf-blind.

(2)

Definition

For the purposes of this subsection, the term individuals who are deaf-blind has the same meaning given such term in the Helen Keller National Center Act, as amended by the Rehabilitation Act Amendments of 1992 (29 U.S.C. 1905(2)).

(3)

Annual amount

The total amount of universal service support that may be obligated or expended under this subsection for any fiscal year may not exceed $10,000,000.

.

106.

Emergency access and real-time text support

Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is further amended by inserting after section 255B (as added by section 104 of this Act) the following new section:

255C.

Emergency access and real-time text support

(a)

Duty of providers of IP-enabled communication service

In order to ensure equal access to emergency services by individuals with disabilities, as part of the migration to a national Internet Protocol-enabled emergency network, it shall be the duty of every IP-enabled communication service provider to ensure seamless real-time text communication between and among interconnected VoIP services, IP-enabled communication services, and telecommunications services.

(b)

Regulations

Within one year after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall prescribe such regulations as are necessary to implement this section. In prescribing the regulations, the Commission shall—

(1)

require that all IP-enabled communications services support a single real-time text standard, so that real-time text communication formats used on the networks of each provider of interconnected VoIP services, IP-enabled communication services, and telecommunications services will interoperate with every other such network and with gateways to the public switched network;

(2)

require that—

(A)

all providers of IP-enabled communication service that are required to be in compliance with this section shall transmit real-time text communication formats as text data, not audio tones; and

(B)

such transmission shall have less than one percent character error in order to ensure accurate transmission; and

(3)

establish deadlines by which providers of IP-enabled communication service shall comply with the requirements under paragraphs (1) and (2)

.

II

Video programming

201.

Commission inquiry on closed captioning decoder and video description capability, user interfaces, and video programming guides and menus

(a)

Inquiry required

Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall complete an inquiry on the following subjects:

(1)

Closed-captioning decoder and video description capability

With respect to closed captioning decoder and video description capability, the Commission shall—

(A)

identify—

(i)

the formats and software commonly used by video programming providers or owners for exhibition on new technologies, including those used by IP-enabled communication services and digital wireless services; and

(ii)

the related technical issues associated with the implementation of closed captioning and video description by means of such new technologies;

(B)

identify the technical standards, protocols, and procedures needed for the transmission of closed captioning and video description by means of IP-enabled communication service and digital wireless services and equipment; and

(C)

identify—

(i)

technical standards, protocols, and procedures to enable video programming providers and owners to transmit emergency information in a manner that is accessible to individuals who are blind or visually impaired; and

(ii)

the persons or parties obligated to create, receive, and transmit such emergency information in accordance with such standards, protocols, and procedures.

(2)

User interfaces

With respect to user interfaces, the Commission shall—

(A)

identify the technical standards, protocols, and procedures needed to enable apparatus designed to receive or display video programming transmitted simultaneously with sound (including apparatus designed to receive or display video programming transmitted by means of IP-enabled communication services) to be capable of making its apparatus functions, including the receipt, display, navigation, or selection of video programming (and any other functions shared by, related to, or necessary to access such apparatus functions), accessible to and usable by individuals with disabilities; and

(B)

identify the technical standards, protocols, and procedures needed to enable on-screen text menus and other visual indicators used to access the functions described in subparagraph (A) to be accompanied by audio output so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired.

(3)

Video programming guides and menus

With respect to video programming guides and menus, the Commission shall identify the technical standards, protocols, and procedures needed to enable video programming information and selection provided by means of a navigational device, guide, or menu to be accessible in real-time by individuals with disabilities who are unable to read the visual display.

(b)

Report on inquiry

Within one year after the date of enactment of this Act, the Commission shall submit to the Congress a report on the results of such inquiry.

(c)

Definitions

For purposes of this section—

(1)

the term IP-enabled communication service has the meaning provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and

(2)

the terms video description and video programming have the meanings provided by section 713(g) of such Act (47 U.S.C. 613(g)).

202.

Closed captioning decoder and video description capability

(a)

Authority To regulate

Section 303(u) of the Communications Act of 1934 (47 U.S.C. 303(u)) is amended to read as follows:

(u)

Require that every apparatus designed to receive or display video programming (as such term is defined in section 713(g)) transmitted simultaneously with sound, including apparatus designed to receive or display video programming transmitted by means of IP-enabled communication services, that are shipped in interstate commerce or manufactured in the United States—

(1)

be equipped with built-in closed caption decoding capability designed to display closed-captioned video programming;

(2)

have sufficient capacity to make available the transmission and delivery of video description services as required by section 713(f); and

(3)

have the capability to convey emergency information (as that term is defined in section 79.2 of the Commission’s regulations (47 CFR 79.2)), including Emergency Alert System messages, in a manner that is accessible to individuals who are blind or visually-impaired.

.

(b)

Shipment in Commerce

Section 330(b) of the Communications Act of 1934 (47 U.S.C. 330) is amended—

(1)

by striking the second sentence and inserting the following: Such rules shall provide performance and display standards for such built-in decoder circuitry, the transmission and delivery of video description (as such term is defined in section 713(g)) services over technologies that are based in digital signals, IP-enabled communication services, wireless devices, or other methods, and the transmission of closed captioning over technologies that are based in IP-enabled communication services, wireless devices, or other technologies.; and

(2)

in the fourth sentence, by inserting and video description service after closed-captioning service.

(c)

Implementing Regulations

Within 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement, and are technically feasible for implementing, the amendments made by subsections (a) and (b).

203.

Video description and closed captioning

(a)

Video description

Section 713 of the Communications Act of 1934 (47 U.S.C. 613) is amended by striking subsections (f) and (g) and inserting the following:

(f)

Video description

(1)

Reinstatement of rules

The video description regulations of the Commission contained in the report and order identified as Implementation of Video Description of Video Programming, Report and Order (15 F.C.C.R. 15.230 (2000)), shall—

(A)

be considered to be in full force and effect and ratified by law; and

(B)

apply to video programming (as such term is defined in subsection (g)) that is first published or exhibited after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008.

(2)

Continuing authority of the Commission

The Commission—

(A)

shall, within 45 days after the date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008—

(i)

publish its video description regulations contained in the report and order identified as Implementation of Video Description of Video Programming, Report and Order (15 F.C.C.R. 15,230 (2000)); and

(ii)

apply the requirements of such report and order to video programming (as such term is defined in subsection (g));

(B)

shall initiate a proceeding, to be completed within 18 months after such date of enactment, to—

(i)

identify methods to convey emergency information (as that term is defined in section 79.2 of the Commission’s regulations (47 CFR 79.2)) in a manner accessible to individuals who are blind or visually-impaired; and

(ii)

promulgate regulations that require video programming distributors (as that term is defined in section 79.1 of the Commission’s regulations (47 CFR 79.1)) to convey such emergency information in a manner accessible to individuals who are blind or visually-impaired, consistent with the requirements of such section of such regulations; and

(C)

shall promulgate any other regulation that the Commission may find necessary to implement, enforce, or otherwise carry out the provisions of this section, including regulations to increase the amount of video description required to achieve full access to video programming for individuals who are blind or visually-impaired.

(3)

Requirements for rules

(A)

Such regulations shall include an appropriate schedule of deadlines for the provision of video description of video programming.

(B)

Such regulations may permit a provider of video programming or program owner to petition the Commission for an exemption from the requirements of this section upon a showing that the requirements contained in this section would result in an undue burden (as defined in subsection (e)). A provider shall be exempt from such requirements only after the Commission decides to grant any such petition.

(C)

The Commission may exempt from the regulations established pursuant to paragraph (2)(C) services, classes of services, programs, classes of programs, equipment, or classes of equipment for which the Commission has determined that the application of such regulations would be economically burdensome to the providers of such services.

(g)

Definitions

For purposes of this section:

(1)

Video description

The term video description means the insertion of audio narrated descriptions of the video programming’s key visual elements into natural pauses between the program's dialogue.

(2)

Video programming

The term video programming means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, even if such programming is distributed over the Internet or by some other means.

.

(b)

Closed captioning on video programming distributed over the Internet

Section 713 of such Act is further amended by striking subsection (c) and inserting the following:

(c)

Deadlines for captioning

(1)

In general

Such regulations shall include an appropriate schedule of deadlines for the provision of closed captioning of video programming.

(2)

Deadlines for internet-distributed programming

(A)

Within 18 months after the date of date of enactment of the Twenty-first Century Communications and Video Accessibility Act of 2008, the Commission shall prescribe regulations that include an appropriate schedule of deadlines for the provision of closed captioning of video programming distributed to the public over the Internet.

(B)

Consistent with the regulations promulgated under subsection (b), the regulations prescribed under this paragraph shall ensure the accessibility of video programming through the provision of captions on—

(i)

pre-produced video programming that was previously captioned for television viewing;

(ii)

live video programming; and

(iii)

video programming first published or exhibited after the effective date of such regulations provided by or generally considered to be comparable to programming provided by multichannel programming distributors.

.

(c)

Conforming amendment

Section 713(d) of such Act is amended by striking paragraph (3) and inserting the following:

(3)

a provider of video programming or program owner may petition the Commission for an exemption from the requirements of this section, and—

(A)

the Commission may grant such petition upon a showing that the requirements contained in this section would result in an undue burden; and

(B)

such exemption shall be effective only after the Commission grants such petition.

.

204.

User interfaces regulations

(a)

Amendment

Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is further amended by adding at the end the following new subsection:

(z)
(1)

Require—

(A)

that every apparatus designed to receive or display video programming transmitted simultaneously with sound, including apparatus designed to receive or display video programming transmitted by means of IP-enabled communication services, be designed, developed, and fabricated so that control of all apparatus functions enabling the receipt, display, navigation, or selection of video programming (and any other functions shared by, related to, or necessary to access such apparatus functions), are accessible to and usable by individuals with disabilities;

(B)

that where on-screen text menus or other visual indicators are used to access the functions described in subparagraph (A), such apparatus be accompanied by audio output, so that such menus or indicators are accessible to and usable by individuals who are blind or visually impaired; and

(C)

a conspicuous means of accessing closed captioning and video description, including—

(i)

the inclusion of a button on the remote control of such apparatus designated for activating the closed caption function; and

(ii)

the inclusion of closed captions and video description on the top tier of the on-screen menu of such apparatus.

(2)

For purposes of this subsection, the terms video description and video programming have the meanings given such terms in section 713(g).

.

(b)

Implementing Regulations

Within 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement, and are technically feasible for implementing, the amendments made by subsection (a).

205.

Access to video programming guides and menus

(a)

Amendment

Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is further amended by adding at the end the following new subsection:

(aa)

Require each provider or owner of video programming (as such term is defined in section 713(g)) and each multichannel programming distributor to ensure that video programming information and selection provided by means of a navigational device, guide, or menu is accessible in real-time by individuals with disabilities who are unable to read the visual display.

.

(b)

Implementing Regulations

Within 18 months after the date of enactment of this Act, the Federal Communications Commission shall prescribe such regulations as are necessary to implement, and are technically feasible for implementing, the amendments made by subsection (a).