Communications and Video Accessibility Act Twenty-First Century Communications and Video Accessibility Act (CVAA) Public Law 111-260 and Public Law 111-265 October 8, 2010 Eliot Greenwald Disability Rights Office Consumer and Governmental Affairs Bureau Federal Communications Commission

Overview Purpose Amends the Communications Act 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

Title I – Communications Access 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 11-151) (October 7, 2011)].

Advanced Communications Services and Equipment Must be accessible to and usable by individuals with disabilities, unless not achievable. Achievable means with reasonable effort or expense, as determined by the FCC. 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 accessible for every disability. See Report and Order (FCC 11-151) (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. Customized equipment or services are exempt. FCC may waive requirements for equipment or services designed primarily for other purposes. Waiver for video game equipment and services, cable set-top boxes, IP-TVs, and IP-DVRs in effect until October 8, 2015. FCC may waive requirements for small entities. Small business exemption in effect until October 8, 2013.

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 consumers at nominal cost. Effective October 8, 2013. See Further Notice of Proposed Rulemaking (FCC 11-151) (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 11-151) (October 7, 2011); effective January 30, 2013; must submit recordkeeping certifications annually by April 1.

Recordkeeping, Enforcement, and Reporting (continued) FCC must issue order concluding informal complaint investigation within 180 days. FCC established minimum 30-day pre-complaint dispute assistance process. See Report and Order (FCC 11-151) (October 7, 2011). Requires an FCC clearinghouse on accessibility. Launched (October 28, 2011). Requires biennial reporting by the FCC and five-year report by Comptroller General to Congress. First report submitted (October 5, 2012).

Deaf-Blind Equipment Program 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). FCC launched pilot program on July 2, 2012. Perkins School for the Blind selected to conduct national outreach. Programs authorized in each of the 50 states plus the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.

Emergency Access Advisory Committee Established the Emergency Access Advisory Committee (EAAC) and authorizes FCC to promulgate regulations to implement the proposed EAAC recommendations to ensure reliable and interoperable access to next generation 9-1-1 services by individuals with disabilities. EAAC conducted national survey and submitted required reports and recommendations to the FCC. Four largest wireless carriers committed to provide text-to-911 by May 15, 2014 and automated error messages for failed text-to-911 attempts by June 30, 2013. FCC issued a Further Notice of Proposed Rulemaking proposing text-to-911 requirements, including automated bounce back messages (FCC 12-149) (December 13, 2012).

Other Provisions 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. Requires interconnected and non-interconnected VoIP service providers to contribute to the Interstate TRS Fund. See Report and Order (FCC 11-150) (October 7, 2011).

Title II – Video Programming Established the Video Programming Accessibility Advisory Committee (VPAAC). VPAAC submitted required reports and recommendations to the FCC.

Video Description Restores FCC video description rules first enacted in the year 2000, but invalidated by Court of Appeals, and authorizes some expansion over the next 10+ years. See Report and Order (FCC 11-126) (released August 25, 2011); rules reinstated October 8, 2011; full compliance began July 1, 2012. Affiliates of 4 major TV networks (ABC, NBC, CBS, and Fox) in top 25 markets must provide 50 hours of described prime time or children’s programming each calendar quarter. Top 5 non-broadcast networks (Disney, Nickelodeon, TBN, TNT, and USA) must provide 50 hours of described prime time or children’s programming each calendar quarter, which must be displayed by systems with 50,000 or more subscribers.

Internet Protocol Captioning 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 began September 30, 2012 with pre-recorded programming not edited for the Internet. Live programming and near-live programming (recorded less than 24 hours before first showing) must be captioned for Internet distribution on or after March 30, 2013. Pre-recorded programming edited for the Internet must be captioned for Internet distribution on or after September 30, 2013 Programming already on websites must be captioned for Internet distribution when it is shown on TV with captions after March 30, 2014.

Emergency Information 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 Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012). Proposes that emergency information crawls displayed during regular, non-news TV programs be provided aurally on the secondary audio stream. The secondary audio stream is currently being used for video description and other language services.

Video Programming Apparatus 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. 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 Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012).

Video Programming Recorders 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, 2014. 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 Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012).

Interconnection Mechanisms 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, 2014. 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 Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012).

User Interfaces & Program Guides 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 12-635) (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 12-635) (April 24, 2012).

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