H.R. 8327 — Communications, Video, and Technology Accessibility Act of 2026

This section revises definitions in Section 713 of the Communications Act of 1934 related to video programming accessibility by (1) amending the definition of video description to cover the key visual elements and dialogue of a video program or consumer generated media; (2) striking the prior definition of video programming services; (3) adding definitions for live programming, near-live programming, prerecorded programming, and online video programming (i.e., video programming delivered using Internet protocol or any successor protocol); and (4) adding a definition of video programming that explicitly includes programming provided by television broadcast stations or nonbroadcast networks, on-demand programming at a viewer's request, and programming streamed live or at prescribed times, but excludes consumer generated media. This section also defines "disability" for this Act as having the meaning given in the Americans with Disabilities Act of 1990.

This section revises closed captioning requirements under Section 713 of the Communications Act of 1934 by replacing prior deadlines in subsection (c) with new regulations requiring the FCC—within 12 months after recommendations under section 106(d)(1) of the Communications, Video, and Technology Accessibility Act of 2026—to (1) mandate full closed captioning accessibility for all new online video programming first made available on or after the effective date of the revised regulations, phased in over 2 to 6 years and covering English- and Spanish-language content in the original audio language; (2) maximize accessibility for older online video programming (first made available before the effective date) and consumer-generated media, including requiring platforms to provide caption authoring tools, upload notices, and usage guidance; and (3) apportion captioning responsibilities among delivery entities to ensure data integrity and common formats, without distinguishing clips from full-length programming and treating live or near-live content re-released after 48 hours as prerecorded. (As background, Section 713 currently requires closed captioning for most television video programming to ensure accessibility for individuals who are deaf or hard of hearing; these changes extend such requirements to Internet-delivered content without impairing prior obligations.) The section also inserts new subsection (d) directing the FCC—within 2 years after the recommendations—to extend caption quality standards (under 47 C.F.R. §79.1) to all covered online video programming and consumer-generated media and, beginning 4 years after enactment of the 2026 act and every 4 years thereafter, to update those standards.

This section revises FCC audio description regulations (i.e., narration of key visual elements of video programming for blind and visually impaired viewers) under section 713(g) of the Communications Act of 1934 by changing the subsection heading from "Video" to "Audio" and replacing paragraphs (2) through (4). For television programming, it directs the FCC to revise regulations within 12 months after recommendations under section 106(d)(1) of the Communications, Video, and Technology Accessibility Act of 2026 to require all video programming first published or exhibited on television on or after the effective date of the revisions to be fully accessible via audio description (English- and Spanish-language in all designated market areas, except as provided in paragraph (5)), with compliance deadlines from 2 to 6 years after the effective date; discoverability and labeling requirements; dedicated audio channels or tracks where achievable (as defined in section 716(g)); and consumer contact information for reporting problems. For online video programming, it directs the FCC to revise regulations within 18 months after such recommendations to require all new online video programming first made available on or after the effective date of the revisions to be fully accessible via audio description (English- and Spanish-language), with a 2-to-6-year compliance schedule; apportionment of responsibilities among entities to ensure audio description data integrity and common formats; discoverability in program guides or listings; dedicated audio channels or tracks where achievable; and end-user contact information for reporting problems.

This section defines “economically burdensome,” for purposes of closed captioning and audio description requirements in section 713 of the Communications Act of 1934 (i.e., requirements applicable to certain video programming providers and distributors to provide closed captions for the deaf and hard-of-hearing and audio descriptions for the blind and visually impaired), to mean resulting in significant difficulty or expense. In determining economic burden, the following factors are considered: (1) the nature and cost of the closed captions or audio description for the programming; (2) the impact on the operation of the provider or program owner; (3) the financial resources of the provider or program owner; and (4) the type of operations of the provider or program owner.

This section directs the Federal Communications Commission (FCC), not later than one year after submission of recommendations under section 106(d)(2) of the Communications, Video, and Technology Accessibility Act of 2026, to prescribe regulations requiring that, for video programming first published or exhibited on television or first delivered using Internet protocol (or successor protocol) on or after the effective date of the regulations that includes sign language, the providing entity ensure the sign language presentation is visible on the viewer's screen throughout the programming pursuant to FCC standards. The section further directs the FCC to incorporate into those regulations the compliance and enforcement procedures under 47 CFR 79.1(g)(9) (or successor regulation).

This section establishes a Closed Captioning, Audio Description, and Sign Language Advisory Committee within the Federal Communications Commission (FCC), to be appointed by the FCC Chair not later than 60 days after enactment, consisting of individuals with technical and engineering expertise from broadcasters, multichannel video programming distributors, vendors of video equipment, consumer-generated media experts, disability and older Americans organizations, captioning/audio description service providers, academics, sign language display experts, and others as determined appropriate by the Chair. The committee must submit recommendations to the FCC not later than 180 days after its establishment, including (1) a schedule of deadlines for closed captioning and audio description on online video programming; (2) protocols, standards, and procedures for providing, receiving, and displaying such features; (3) regulations for compatibility with devices; (4) apportionment of responsibilities among online video entities; (5) metrics and thresholds for caption accuracy, synchronicity, completeness, placement, and audio description quality; (6) achievability of dedicated audio channels; (7) labeling and discoverability standards; (8) best practices for upgrading live/near-live content to prerecorded quality levels; (9) attributes of easy-to-use authoring tools; and (10) application of section 713 obligations to consumer-generated media, including thresholds for video clips.

This section directs the Federal Communications Commission (FCC), not later than four years after the effective date of regulations under subsections (c)(2)(D) and (g)(3)(D) of Section 713 of the Communications Act of 1934 implementing recommendations in section 106(d)(1)(J) and (K) of the Communications, Video, and Technology Accessibility Act of 2026, to commence separate inquiries on closed captioning and audio description, respectively, and to submit reports to Congress one year thereafter on (1) the availability, use, and benefits of providing closed captioning or audio description (as applicable) on consumer-generated media and on online video programming first made available before the effective date of revised regulations under subsections (c)(2)(A) or (g)(3)(A); (2) the technical and operational issues and costs of providing them on such media; and (3) the effectiveness of the FCC's measures, thresholds, scope, intervals, and deadlines in providing access to individuals with disabilities. (As background, closed captioning displays text versions of spoken words and sounds for individuals who are deaf or hard of hearing, while audio description provides spoken narration of key visual elements for individuals who are blind or have low vision.) This section further authorizes the FCC to update, as necessary, its regulations and associated deadlines for closed captioning and audio description on consumer-generated media and such legacy online video programming based on report findings.

This section revises accessibility requirements for video playback apparatuses (i.e., televisions and related devices) under subsections (u), (z), and (aa) of Section 303 of the Communications Act of 1934 by (1) replacing "visually impaired" with "low vision" in subsection (u)(1)(C) and "video description" with "audio description" throughout subsections (z) and (aa); (2) inserting "or any successor protocol" after "protocol" in subsection (aa)(1); (3) adding new requirements in subsection (aa) that activation mechanisms for closed captioning, audio description, and related features be readily accessible per FCC regulations, that apparatus provide a dedicated audio description channel or track if achievable and feasible, that a prompt for modifying such settings appear on initial power-on after purchase or factory reset, and that apparatus include hardware and software for compatibility with assistive technologies (e.g., refreshable braille displays, sip-and-puff switches, hearing aids) if technically feasible; and (4) changing a definitional phrase in subsection (aa)(8), as redesignated, from "does not include" to "includes." It further directs the Federal Communications Commission to prescribe regulations within 18 months of enactment apportioning compliance responsibilities among manufacturers, importers, maintainers, operators, and software providers for such apparatuses and navigation devices (i.e., set-top boxes).

This section amends the Communications Act of 1934 (1) to define "visual interpretation services" as functionality using human assistance or automation to generate real-time descriptions of visual information (including images and text) for individuals who are blind or low vision; and (2) to direct the Federal Communications Commission (FCC), not later than three years after enactment, to prescribe regulations requiring—unless not achievable—providers of interoperable video conferencing services and manufacturers of related equipment to make available the following accessibility features: (i) voice recognition functionality generating understandable speech for individuals with speech disabilities; (ii) simplified user interfaces accessible to individuals with cognitive disabilities, including secure initiation and authentication; (iii) plain-language and iconographic instructional materials accessible to individuals with cognitive disabilities; (iv) visual interpretation services; (v) screen-reader capability for all user interface elements and shared visual information (including presentations, videos, and interactive documents); (vi) refreshable braille displays and tactile devices for interface elements and shared visual information; and (vii) hands-free technologies. (As background, section 716 of the Communications Act requires the FCC to ensure accessibility of advanced communications services and equipment by individuals with disabilities.) Entities may meet these requirements without third-party applications, devices, software, hardware, or customer premises equipment, or with them if consumers incur no related charges; if compliance is not achievable this way, services or equipment must be compatible with commonly used disability peripheral devices or specialized equipment.

This section revises definitions in Section 225 of the Communications Act of 1934 (47 U.S.C. 225) related to telecommunications relay services (TRS), which enable functionally equivalent telephone and advanced communications access for individuals who are deaf, hard of hearing, DeafBlind, or have speech disabilities or auditory processing disorders. Specifically, it (1) defines "communication facilitator" as a skilled sign language user facilitating services for DeafBlind individuals via close vision or tactile sign language; (2) defines "Deaf interpreter" as a deaf or hard-of-hearing individual fluent in sign language with training for complex interpretation needs (e.g., linguistic mediation or atypical signing); (3) defines "direct video calling service" as one-to-one video communication facilitated by contact center representatives between sign language users (including those who are deaf, hard of hearing, DeafBlind, speech disabled, or have auditory processing disorders) and governmental agencies, businesses, nonprofits, crisis centers, emergency authorities, or other enterprises; and (4) expands the definition of TRS to explicitly cover these services and individuals with speech disabilities or auditory processing disorders. This section further directs the Federal Communications Commission (FCC), not later than two years after enactment, to prescribe regulations (1) deeming eligible for TRS Fund support direct video calling services with government agencies, crisis centers, and emergency authorities; communication facilitators on TRS calls with DeafBlind users; and Deaf interpreters accompanying hearing communications assistants on video relay service (VRS) calls; (2) ensuring full, equal, direct access to public safety answering points (PSAPs) and emergency authorities—including for 9-1-1 wireless calls—for sign language users who are deaf, hard of hearing, DeafBlind, speech disabled, or cognitively disabled; and (3) requiring, unless not achievable, a single telephone number for receiving VRS, voice, or text calls, with native dialing or one-step mobile access delivering user location information to emergency authorities at the same speed as voice 9-1-1 calls. Finally, this section requires the FCC to reassess available TRS services and minimum standards not later than four years after enactment and every four years thereafter.

This section revises the National DeafBlind Equipment Distribution Program (NDBEDP)—which provides communications equipment (e.g., video phones, braille displays) and related services to enable DeafBlind individuals to access telecommunications and broadband services—by (1) eliminating the low-income eligibility requirement; (2) expanding the definition of "individual who is DeafBlind" to incorporate the meaning under section 206 of the Helen Keller National Center Act and to expressly include those diagnosed with a cortical or cerebral visual impairment, an auditory processing disorder, or both; (3) increasing annual funding to $20 million (from $10 million), with annual inflation adjustments determined by the Federal Communications Commission (FCC); and (4) directing the FCC to update implementing regulations within 18 months of enactment. (Thus, the program is available to all DeafBlind individuals meeting the revised criteria, regardless of income.)

This section establishes usability requirements under Section 716 of the Communications Act for live or machine-generated customer assistance offered by (1) manufacturers and service providers of advanced communications services and equipment subject to subsections (a) and (b), and (2) video programming providers, multi-video programming distributors, and video apparatus manufacturers. It requires such entities to enable real-time sign language communication through direct video calling services (i.e., as defined in section 225(a)) for individuals with disabilities who rely on sign language, unless not achievable. The FCC must prescribe implementing regulations within one year for advanced communications entities and within two years for video programming entities, ensuring equivalent effectiveness in availability, scope, and quality compared to services for the general public.

This section establishes reporting and rulemaking requirements for the Federal Communications Commission (FCC) on the accessibility of emerging communication and video programming technologies (e.g., artificial intelligence, augmented reality, virtual reality, extended reality, dual reality, spatial computing, advanced machine learning, wireless technologies including Wi-Fi and Bluetooth, robotics, Internet of Things, and advanced computing power) for individuals with disabilities. (Augmentative and alternative communication is defined as any tool, method, technology, strategy, service, training, coaching, or other support used to supplement or replace speech.) Specifically, the FCC must submit reports to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce, in consultation with the U.S. Access Board, not later than 5 years after enactment and every 5 years thereafter. Each report must assess (1) the extent to which such technologies create accessibility opportunities and barriers for individuals with disabilities, and (2) solutions needed to ensure those technologies and services are accessible and compatible with peripheral devices or specialized customer premises equipment used by individuals with disabilities. In preparing the reports, the FCC must evaluate effects on individuals with (1) limited language or communication abilities (including speech disabilities, augmentative and alternative communication users, and cognitive disabilities); (2) significant, targeted, or multiple disabilities (including blind or low vision, deaf or hard of hearing, DeafBlind, auditory processing disorder, cortical or cerebral visual impairment, or combined communication and mobility disabilities); or (3) disabilities plus barriers due to age, geographical location, socioeconomic status, or Tribal affiliation. Not later than 2 years after submitting each report, the FCC must prescribe new or revised regulations to ensure accessibility, as necessary to further the goals of 47 CFR parts 6 (video programming access), 7 (telecommunications access), 14 (advanced communications services access), and 79 (video programming apparatus accessibility), or successor regulations.

This section expands Federal Communications Commission (FCC) forfeiture authority under Section 503(b)(5) of the Communications Act of 1934 to impose penalties on tower owners for violations of specified accessibility requirements for individuals with disabilities (i.e., sections 225, 255, 276(b)(1)(A), 303(u)-(aa), 330(b), 710, 711, 713, and 715-719 of the Act), including on towers not used by the owner. The section further specifies that it and its amendments do not modify, impair, supersede, or preclude enforcement of other state or federal disability rights and civil rights laws.

This section revises FCC accessibility complaint reporting requirements under Section 717 of the Communications Act of 1934 (47 U.S.C. 618) by replacing subsections (b) through (e) with a new subsection (b). The revised provision requires the Commission to submit a report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce, not later than three years after enactment of the Communications, Video, and Technology Accessibility Act of 2026 and every three years thereafter, that includes (1) the number and nature of complaints received under specified accessibility provisions (i.e., subsections (u), (z), or (aa) of Section 303, Section 330(b), Section 713, and Section 716(a)); (2) actions taken to resolve the complaints, including forfeiture penalties assessed; (3) the length of time taken to resolve each complaint; and (4) the number, status, nature, and outcome of mandamus actions under Section 717(a)(6) and appeals under Section 402(b)(10). (As background, these provisions implement accessibility requirements for communications equipment, services, broadcast stations, video programming, and advanced communications services for individuals with disabilities.)