Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) Public Law and Public Law Wireless RERC and CTIA Accessibility Summit May 9, 2012 Rosaline Crawford Disability Rights Office Consumer and Governmental Affairs Bureau Federal Communications Commission

Purpose To update the communications laws to help ensure that individuals with disabilities are able to fully utilize communications services and equipment and better access video programming. Amends the Communications Act Title I – Communications Access Title II – Video Programming Overview

Defines “advanced communications services” as (1)interconnected voice over Internet protocol (VoIP) service; (2)non-interconnected VoIP service; (3)electronic messaging service; and (4)interoperable video conferencing service [see Further Notice of Proposed Rulemaking (FCC ) (October 7, 2011)]. Title I – Communications Access

Advanced Communications Services and Equipment Must be accessible to and usable by individuals with disabilities, unless not achievable (see next slide).Must be accessible to and usable by individuals with disabilities, unless not achievable (see next slide). –Accessibility may be built in or may use third-party solutions available to consumers at nominal cost. –If not achievable, must be compatible, unless not achievable. –Does not require every feature and function of every device or service to be made accessible for every disability. –See Report and Order (FCC ) (October 7, 2011); to be fully implemented by October 8, 2013.

Achievable Means with reasonable effort or expense, as determined by the FCC, considering: –Nature and cost of steps needed with respect to the specific equipment or service; –Technical and economic impact on the operation of the manufacturer or provider and the specific equipment or service; –Type of manufacturer or provider operations; and –Extent to which provider or manufacturer offers accessible services or equipment with varying degrees of functionality and features at differing price points.

Advanced Communications Services and Equipment (continued) Interconnected VoIP services and equipment remain subject to Section 255 “readily achievable” accessibility requirements.Interconnected VoIP services and equipment remain subject to Section 255 “readily achievable” accessibility requirements. Customized equipment or services are exempt.Customized equipment or services are exempt. FCC may waive requirements for equipment or services designed primarily for other purposes.FCC may waive requirements for equipment or services designed primarily for other purposes. FCC may waive requirements for small entities.FCC may waive requirements for small entities.

Internet Browsers Built into Mobile Phones Must be accessible to and usable by people who are blind or visually impaired, unless not achievable. –Accessibility may be built in or may use third-party solutions available to –Accessibility may be built in or may use third-party solutions available to consumers at nominal cost. –Effective October 8, –See Further Notice of Proposed Rulemaking (FCC ) (October 7, 2011).

Recordkeeping, Enforcement, and Reporting Covered service providers and equipment manufacturers (telecommunications, advanced communications, and Internet browsers on mobile phones) must keep certain accessibility-related records: (1) on efforts to consult with individuals with disabilities; (2) descriptions of their accessibility features; and (3) compatibility with accessibility equipment commonly used by individuals with disabilities. See Report and Order (FCC ) (October 7, 2011); to be implemented by January 30, 2013; annual recordkeeping certifications begin April 1, 2013.

Recordkeeping, Enforcement, and Reporting (continued) FCC must issue order concluding informal complaint investigation within 180 days. See Report and Order (FCC ) (October 7, 2011); established minimum 30-day pre-complaint dispute assistance process. Requires an FCC clearinghouse on accessible telecommunications and advanced communications services and equipment, and Internet browsers on mobile phones. Launched (October 28, 2011). Requires biennial reporting by the FCC and five-year report by Comptroller General to Congress.

Other Provisions Applies the hearing aid compatibility mandates to telephone-like equipment used with advanced communications services.Applies the hearing aid compatibility mandates to telephone-like equipment used with advanced communications services. Updates the definition of telecommunications relay services (TRS) to include people who are deaf-blind and to allow communication between and among different types of relay users.Updates the definition of telecommunications relay services (TRS) to include people who are deaf-blind and to allow communication between and among different types of relay users. Requires interconnected and non-interconnected VoIP service providers to contribute to the Interstate TRS Fund. See Report and Order (FCC ) (October 7, 2011).Requires interconnected and non-interconnected VoIP service providers to contribute to the Interstate TRS Fund. See Report and Order (FCC ) (October 7, 2011).

Other Provisions (continued) Authorizes up to $10 million annually from the Interstate TRS Fund to support programs that distribute equipment to low-income individuals who are deaf-blind to access telecommunications service, Internet access service, and advanced communications. See Report and Order (FCC 11-56) (released April 6, 2011). Established the Emergency Access Advisory Committee (EAAC) and authorizes FCC action to ensure reliable and interoperable access to next generation services by individuals with disabilities. EAAC conducted national survey and submitted required reports and recommendations to the FCC.

Title II – Video Programming Established the Video Programming Accessibility Advisory Committee (VPAAC). VPAAC submitted required reports and recommendations to the FCC. Restores 2000 FCC video description rules and authorizes some expansion over the next 10+ years. See Report and Order (FCC ) (released August 25, 2011); rules reinstated October 8, 2011; full compliance begins July 1, 2012.

Title II – Video Programming (continued) Requires video programming that is closed captioned on TV to be closed captioned when distributed using Internet protocol. See Report and Order (FCC 12-9) (released January 13, 2012); phased-in implementation begins September 30, Requires video programming distributors, providers, and owners to convey emergency information in a manner that is accessible to people who are blind or visually impaired. See Public Notice (DA ) (April 24, 2012).Requires video programming distributors, providers, and owners to convey emergency information in a manner that is accessible to people who are blind or visually impaired. See Public Notice (DA ) (April 24, 2012).

Title II – Video Programming (continued) Expands requirement for apparatus designed to receive or play back video programming to be capable of displaying closed captions to devices with screens smaller than 13 inches, if technically feasible and achievable. See Report and Order (FCC 12-9) (released January 13, 2012); compliance by January 1, 2014.Expands requirement for apparatus designed to receive or play back video programming to be capable of displaying closed captions to devices with screens smaller than 13 inches, if technically feasible and achievable. See Report and Order (FCC 12-9) (released January 13, 2012); compliance by January 1, Requires apparatus designed to receive or play back video programming to be able to pass through video descriptions and accessible emergency information, if technically feasible and, for devices with screens smaller than 13 inches, if achievable. See Public Notice (DA ) (April 24, 2012).Requires apparatus designed to receive or play back video programming to be able to pass through video descriptions and accessible emergency information, if technically feasible and, for devices with screens smaller than 13 inches, if achievable. See Public Notice (DA ) (April 24, 2012).

Title II – Video Programming (continued) Requires devices designed to record video programming to pass through closed captions so viewers can turn on/off the closed captions when the programming is played back, if achievable. See Report and Order (FCC 12-9) (released January 13, 2012); compliance by January 1, Requires devices designed to record video programming to pass through video description and emergency information so viewers can turn on/off the video description when the programming is played back, if achievable. See Public Notice (DA ) (April 24, 2012).

Title II – Video Programming (continued) Requires interconnection mechanisms to carry (from the source device to the consumer equipment, e.g., TV set) the information necessary to permit the display of closed captions. See Report and Order (FCC 12-9) (released January 13, 2012); compliance by January 1, Requires interconnection mechanisms to carry (from the source device to the consumer equipment, e.g., TV set) the information necessary to make video description and emergency information audible. See Public Notice (DA ) (April 24, 2012).

Title II – Video Programming (continued) Requires user interfaces for video programming apparatus to be accessible to and usable by individuals who are blind or visually impaired; and to have a button, key, icon, or comparable mechanism designated for activating closed captioning and video description. See Public Notice (DA ) (April 24, 2012). Requires on-screen text menus and programming guides displayed by navigation devices (set-top boxes) to be audibly accessible to people who are blind or visually impaired; and to have a button, key, icon, or comparable mechanism designated for activating closed captioning (when built-in to the set-top box) or accessibility features. See Public Notice (DA ) (April 24, 2012).

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