Page:United States Statutes at Large Volume 124.djvu/2794

 124 STAT. 2768 PUBLIC LAW 111–260—OCT. 8, 2010 ‘‘(A) The regulations shall apply to video programming, as defined in subsection (h), insofar as and programming is transmitted for display on television in digital format. ‘‘(B) The Commission shall update the list of the top 25 designated market areas, the list of the top 5 national nonbroadcast networks that at least 50 hours per quarter of prime time programming that is not exempt under this paragraph, and the beginning calendar quarter for which compliance shall be calculated. ‘‘(C) The regulations may permit a provider of video programming or a program owner to petition the Commis- sion for an exemption from the requirements of this section upon a showing that the requirements contained in this section be economically burdensome. ‘‘(D) The Commission may exempt from the regulations established pursuant to paragraph (1) a service, class of services, program, class of programs, equipment, or class of equipment for which the Commission has determined that the application of such regulations would be economi- cally burdensome for the provider of such service, program, or equipment. ‘‘(E) The regulations shall not apply to live or near- live programming. ‘‘(F) The regulations shall provide for an appropriate phased schedule of deadlines for compliance. ‘‘(G) The Commission shall consider extending the exemptions and limitations in the reinstated regulations for technical capability reasons to all providers and owners of video programming. ‘‘(3) INQUIRIES ON FURTHER VIDEO DESCRIPTION REQUIRE- MENTS.—The Commission shall commence the following inquiries not later than 1 year after the completion of the phase-in of the reinstated regulations and shall report to Con- gress 1 year thereafter on the findings for each of the following: ‘‘(A) VIDEO DESCRIPTION IN TELEVISION PROGRAM- MING.—The availability, use, and benefits of video descrip- tion on video programming distributed on television, the technical and creative issues associated with providing such video description, and the financial costs of providing such video description for providers of video programming and program owners. ‘‘(B) VIDEO DESCRIPTION IN VIDEO PROGRAMMING DISTRIBUTED ON THE INTERNET.—The technical and oper- ational issues, costs, and benefits of providing video descrip- tions for video programming that is delivered using Inter- net protocol. ‘‘(4) CONTINUING COMMISSION AUTHORITY.— ‘‘(A) IN GENERAL.—The Commission may not issue addi- tional regulations unless the Commission determines, at least 2 years after completing the reports required in para- graph (3), that the need for and benefits of providing video description for video programming, insofar as such programming is transmitted for display on television, are greater than the technical and economic costs of providing such additional programming. ‘‘(B) LIMITATION.—If the Commission makes the deter- mination under subparagraph (A) and issues additional Determination. Deadlines. Reports. Lists. Deadlines. Applicability.