H.R.951: Video Description Restoration Act of 2005

Video Description Restoration Act of 2005 (Introduced in House)

HR 951 IH

109th CONGRESS

1st Session

H. R. 951
To reinstate the Federal Communications Commission's rules for the description of video programming.

IN THE HOUSE OF REPRESENTATIVES

February 17, 2005
Mr. MARKEY introduced the following bill; which was referred to the Committee on Energy and Commerce

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A BILL
To reinstate the Federal Communications Commission's rules for the description of video programming.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Video Description Restoration Act of 2005'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The Federal Communications Commission promulgated video description rules that became effective in April of 2002.

(2) Those video description rules were consistent with a long line of policies pursued by the Commission and the Congress to enhance access to telecommunications technology, news, entertainment, and information for all Americans.

(3) The video description rules required major networks and cable channels in the top 25 markets to present at least 4 hours of described programming per week and required such service in other markets where equipment was available to provide video description.

(4) The Commission's video description rules were struck down by a court decision citing lack of authority for the Commission to promulgate such rules.

(5) The public interest would be served by clarifying the Commission's authority to promulgate such rules and the intent of Congress that such rules be restored.

SEC. 3. REINSTATEMENT OF VIDEO DESCRIPTION RULES.

(a) Rules Reinstated- The video description rules of the Federal Communications 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, notwithstanding the decision of the United States Court of Appeals for the District of Columbia Circuit in Motion Picture Association of America, Inc., et al., v. Federal Communications Commission, et al. (309 F. 3d 796, November 8, 2002), be considered to be authorized and ratified by law.

(b) Continuing Authority of Commission- The Federal Communications Commission--

(1) shall, within 45 days after the date of enactment of this Act, republish its video description rules 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);

(2) may amend, repeal, or otherwise modify such rules; and

(3) shall initiate a proceeding within 180 days after the date of enactment of this Act to consider whether it is economically and technically feasible and consistent with the public interest to include accessible information in its video description rules.

(c) Accessible Information Defined- In this section, the term `accessible information' may include written information displayed on television screens during regular programming, hazardous warnings and other emergency information, local and national news bulletins, and any other information the Commission deems appropriate.

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