Page:United States Statutes at Large Volume 124.djvu/2778

 124 STAT. 2752 PUBLIC LAW 111–260—OCT. 8, 2010 to such video programming, online content, applications, serv- ices, advanced communications services, or equipment used to provide or access advanced communications services. (b) EXCEPTION.—The limitation on liability under subsection (a) shall not apply to any person who relies on third party applica- tions, services, software, hardware, or equipment to comply with the requirements of this Act (or of the provisions of the Communica- tions Act of 1934 that are amended or added by this Act) with respect to video programming, online content, applications, services, advanced communications services, or equipment used to provide or access advanced communications services. SEC. 3. PROPRIETARY TECHNOLOGY. No action taken by the Federal Communications Commission to implement this Act or any amendment made by this Act shall mandate the use or incorporation of proprietary technology. TITLE I—COMMUNICATIONS ACCESS SEC. 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) ADVANCED COMMUNICATIONS SERVICES.—The term ‘advanced communications services’ means— ‘‘(A) interconnected VoIP service; ‘‘(B) non-interconnected VoIP service; ‘‘(C) electronic messaging service; and ‘‘(D) interoperable video conferencing service. ‘‘(54) CONSUMER GENERATED MEDIA.—The term ‘consumer generated media’ means content created and made available by consumers to online websites and services on the Internet, including video, audio, and multimedia content. ‘‘(55) DISABILITY.—The term ‘disability’ has the meaning given such term under section 3 of the Americans with Disabil- ities Act of 1990 (42 U.S.C. 12102). ‘‘(56) ELECTRONIC MESSAGING SERVICE.—The term ‘elec- tronic messaging service’ means a service that provides real- time or near real-time non-voice messages in text form between individuals over communications networks. ‘‘(57) INTERCONNECTED VOIP SERVICE.—The term ‘inter- connected VoIP service’ has the meaning given such term under section 9.3 of title 47, Code of Federal Regulations, as such section may be amended from time to time. ‘‘(58) NON-INTERCONNECTED VOIP SERVICE.—The term ‘non- interconnected VoIP service’— ‘‘(A) means a service that— ‘‘(i) enables real-time voice communications that originate from or terminate to the user’s location using Internet protocol or any successor protocol; and ‘‘(ii) requires Internet protocol compatible customer premises equipment; and ‘‘(B) does not include any service that is an inter- connected VoIP service. ‘‘(59) INTEROPERABLE VIDEO CONFERENCING SERVICE.—The term ‘interoperable video conferencing service’ means a service 47 USC 153 note.