[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 951 Introduced in House (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
_______________________________________________________________________
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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