Page:United States Statutes at Large Volume 124.djvu/2797

 124 STAT. 2771 PUBLIC LAW 111–260—OCT. 8, 2010 regulations would be economically burdensome to providers of video programming or program owners. ‘‘(D) REQUIREMENTS FOR REGULATIONS.—The regula- tions prescribed under this paragraph— ‘‘(i) shall contain a definition of ‘near-live program- ming’ and ‘edited for Internet distribution’; ‘‘(ii) may exempt any service, class of service, pro- gram, class of program, equipment, or class of equip- ment for which the Commission has determined that the application of such regulations would be economi- cally burdensome for the provider of such service, pro- gram, or equipment; ‘‘(iii) shall clarify that, for the purposes of implementation, of this subsection, the terms ‘video programming distribution’ and ‘video programming providers’ include an entity that makes available directly to the end user video programming through a distribution method that uses Internet protocol; ‘‘(iv) and describe the responsibilities of video programming providers or distributors and video programming owners; ‘‘(v) shall establish a mechanism to make available to video progamming providers and distributors information on video programming subject to the Act on an ongoing basis; ‘‘(vi) shall consider that the video programming provider or distributor shall be deemed in compliance if such entity enables the rendering or pass through of closed captions and video description signals and make a good faith effort to identify video programming subject to the Act using the mechanism created in (v); and ‘‘(vii) shall provide that de minimis failure to comply with such regulations by a video programming provider or owner shall not be treated as a violation of the regulations. ‘‘(3) ALTERNATE MEANS OF COMPLIANCE.—An entity may meet the requirements of this section through alternate means than those prescribed by regulations pursuant to subsection (b), as revised pursuant to paragraph (2)(A) of this subsection, if the requirements of this section are met, as determined by the Commission.’’. (c) CONFORMING AMENDMENT.—Section 713(d) of such Act is amended by striking paragraph (3) and inserting the following: ‘‘(3) a provider of video programming or program owner may petition the Commission for an exemption from the requirements of this section, and the Commission may grant such petition upon a showing that the requirements contained in this section would be economically burdensome. During the pendency of such a petition, such provider or owner shall be exempt from the requirements of this section. The Commission shall act to grant or deny any such petition, in whole or in part, within 6 months after the Commission receives such peti- tion, unless the Commission finds that an extension of the 6-month period is necessary to determine whether such require- ments are economically burdensome.’’. Deadline. 47 USC 613.