Twenty-First CenturyTwenty-First Century

Communications and Video Accessibility ActCommunications and Video Accessibility Act(CVAA)(CVAA)

Public Law 111-260 and Public Law 111-265Public Law 111-260 and Public Law 111-265October 8, 2010October 8, 2010

Eliot GreenwaldEliot Greenwald

Disability Rights OfficeDisability Rights OfficeConsumer and Governmental Affairs BureauConsumer and Governmental Affairs Bureau

Federal Communications CommissionFederal Communications Commission

• Purpose Purpose

To update the communications laws to help ensure that To update the communications laws to help ensure that individuals with disabilities are able to fully utilize individuals with disabilities are able to fully utilize communications services and equipment and better communications services and equipment and better access video programming. access video programming.

• Amends the Communications ActAmends the Communications Act

• Title I – Communications AccessTitle I – Communications Access

• Title II – Video ProgrammingTitle II – Video Programming

OverviewOverview

• Defines “advanced communications services” asDefines “advanced communications services” as

(1)(1) interconnected voice over Internet protocol (VoIP)interconnected voice over Internet protocol (VoIP)service;service;

(2)(2) non-interconnected VoIP service;non-interconnected VoIP service;

(3)(3) electronic messaging service; andelectronic messaging service; and

(4)(4) interoperable video conferencing service interoperable video conferencing service [see Further Notice of Proposed Rulemaking[see Further Notice of Proposed Rulemaking(FCC 11-151) (October 7, 2011)](FCC 11-151) (October 7, 2011)]..

Title I – Communications AccessTitle I – Communications Access

Advanced Communications Advanced Communications Services and EquipmentServices and Equipment

• Must be accessible to and usable by individuals with Must be accessible to and usable by individuals with disabilities, unless not achievable. disabilities, unless not achievable. – Achievable means with reasonable effort or expense, Achievable means with reasonable effort or expense,

as determined by the FCC.as determined by the FCC.– Accessibility may be built in or may use third-party Accessibility may be built in or may use third-party

solutions available to consumers at nominal cost.solutions available to consumers at nominal cost.– If not achievable, must be compatible, unless not If not achievable, must be compatible, unless not

achievable.achievable.– Does not require every feature and function of every Does not require every feature and function of every

device or service to be accessible for every disability.device or service to be accessible for every disability.– See Report and Order (FCC 11-151) (October 7, See Report and Order (FCC 11-151) (October 7,

2011); to be fully implemented by October 8, 2013.2011); to be fully implemented by October 8, 2013.

AchievableAchievable• Means with reasonable effort or expense, as determined Means with reasonable effort or expense, as determined

by the FCC, considering:by the FCC, considering:

– Nature and cost of steps needed with respect to the Nature and cost of steps needed with respect to the specific equipment or service; specific equipment or service;

– Technical and economic impact on the operation of Technical and economic impact on the operation of the manufacturer or provider and the specific the manufacturer or provider and the specific equipment or service;equipment or service;

– Type of manufacturer or provider operations; andType of manufacturer or provider operations; and

– Extent to which provider or manufacturer offers Extent to which provider or manufacturer offers accessible services or equipment with varying accessible services or equipment with varying degrees of functionality and features at differing price degrees of functionality and features at differing price points.points.

Advanced Communications Advanced Communications Services and EquipmentServices and Equipment

(continued)(continued)

• Interconnected VoIP services and equipment remain Interconnected VoIP services and equipment remain subject to Section 255 “readily achievable” accessibility subject to Section 255 “readily achievable” accessibility requirements.requirements.

• Customized equipment or services are exempt.Customized equipment or services are exempt.• FCC may waive requirements for equipment or services FCC may waive requirements for equipment or services

designed primarily for other purposes. designed primarily for other purposes. Waiver for video Waiver for video game equipment and services, cable set-top boxes, IP-game equipment and services, cable set-top boxes, IP-TVs, and IP-DVRs in effect until October 8, 2015.TVs, and IP-DVRs in effect until October 8, 2015.

• FCC may waive requirements for small entities. FCC may waive requirements for small entities. Small Small business exemption in effect until October 8, 2013.business exemption in effect until October 8, 2013.

Internet BrowsersInternet BrowsersBuilt into Mobile PhonesBuilt into Mobile Phones

• Must be accessible to and usable by people who are Must be accessible to and usable by people who are blind or visually impaired, unless not achievable. blind or visually impaired, unless not achievable.

– Accessibility may be built in or may use third-party Accessibility may be built in or may use third-party solutions available to consumers at nominal cost.solutions available to consumers at nominal cost.

– Effective October 8, 2013.Effective October 8, 2013.

– See Further Notice of Proposed Rulemaking (FCC See Further Notice of Proposed Rulemaking (FCC 11-151) (October 7, 2011).11-151) (October 7, 2011).

Recordkeeping, Enforcement,Recordkeeping, Enforcement,and Reportingand Reporting

• Covered service providers and equipment manufacturers Covered service providers and equipment manufacturers (telecommunications, advanced communications, and (telecommunications, advanced communications, and Internet browsers on mobile phones) must keep certain Internet browsers on mobile phones) must keep certain accessibility-related records:accessibility-related records:

(1) on efforts to consult with individuals with disabilities;(1) on efforts to consult with individuals with disabilities;(2) descriptions of their accessibility features; and(2) descriptions of their accessibility features; and(3) compatibility with accessibility equipment commonly (3) compatibility with accessibility equipment commonly used by individuals with disabilities. used by individuals with disabilities.

See Report and Order (FCC 11-151) (October 7, 2011); See Report and Order (FCC 11-151) (October 7, 2011); effective January 30, 2013; must submit recordkeeping effective January 30, 2013; must submit recordkeeping certifications annually by April 1.certifications annually by April 1.

Recordkeeping, Enforcement,Recordkeeping, Enforcement,and Reportingand Reporting

(continued)(continued)

• FCC must issue order concluding informal complaint FCC must issue order concluding informal complaint investigation within 180 days. investigation within 180 days. FCC established minimum FCC established minimum 30-day pre-complaint dispute assistance process. See 30-day pre-complaint dispute assistance process. See Report and Order (FCC 11-151) (October 7, 2011). Report and Order (FCC 11-151) (October 7, 2011).

• Requires an FCC clearinghouse on accessibility. Requires an FCC clearinghouse on accessibility. Launched (October 28, 2011).Launched (October 28, 2011).

• Requires biennial reporting by the FCC and five-year Requires biennial reporting by the FCC and five-year report by Comptroller General to Congress. report by Comptroller General to Congress. First report First report submitted (October 5, 2012).submitted (October 5, 2012).

Deaf-Blind Equipment ProgramDeaf-Blind Equipment Program

• Authorizes up to $10 million annually from the Interstate Authorizes up to $10 million annually from the Interstate TRS Fund to support programs that distribute equipment TRS Fund to support programs that distribute equipment to low-income individuals who are deaf-blind to access to low-income individuals who are deaf-blind to access telecommunications service, Internet access service, telecommunications service, Internet access service, and advanced communications. and advanced communications. See Report and Order See Report and Order (FCC 11-56) (released April 6, 2011).(FCC 11-56) (released April 6, 2011).

• FCC launched pilot program on July 2, 2012.FCC launched pilot program on July 2, 2012.– Perkins School for the Blind selected to conduct national Perkins School for the Blind selected to conduct national

outreach.outreach.– Programs authorized in each of the 50 states plus the District of Programs authorized in each of the 50 states plus the District of

Columbia, Puerto Rico, and the U.S. Virgin Islands.Columbia, Puerto Rico, and the U.S. Virgin Islands.

Emergency Access Advisory Emergency Access Advisory CommitteeCommittee

• Established the Emergency Access Advisory Committee Established the Emergency Access Advisory Committee (EAAC) and authorizes FCC to promulgate regulations to (EAAC) and authorizes FCC to promulgate regulations to implement the proposed EAAC recommendations to implement the proposed EAAC recommendations to ensure reliable and interoperable access to next ensure reliable and interoperable access to next generation 9-1-1 services by individuals with disabilities. generation 9-1-1 services by individuals with disabilities. – EAAC conducted national survey and submitted required reports EAAC conducted national survey and submitted required reports

and recommendations to the FCC.and recommendations to the FCC.– Four largest wireless carriers committed to provide text-to-911 Four largest wireless carriers committed to provide text-to-911

by May 15, 2014 and automated error messages for failed text-by May 15, 2014 and automated error messages for failed text-to-911 attempts by June 30, 2013.to-911 attempts by June 30, 2013.

– FCC issued a Further Notice of Proposed Rulemaking proposing FCC issued a Further Notice of Proposed Rulemaking proposing text-to-911 requirements, including automated bounce back text-to-911 requirements, including automated bounce back messages (FCC 12-149) (December 13, 2012).messages (FCC 12-149) (December 13, 2012).

Other ProvisionsOther Provisions

• Applies the hearing aid compatibility mandates to Applies the hearing aid compatibility mandates to telephone-like equipment used with advanced telephone-like equipment used with advanced communications services. communications services.

• Updates the definition of telecommunications relay Updates the definition of telecommunications relay services (TRS) to include people who are deaf-blind and services (TRS) to include people who are deaf-blind and to allow communication between and among different to allow communication between and among different types of relay users. types of relay users.

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

Title II – Video ProgrammingTitle II – Video Programming

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

Video DescriptionVideo Description

• Restores FCC video description rules first enacted in the Restores FCC video description rules first enacted in the year 2000, but invalidated by Court of Appeals, and year 2000, but invalidated by Court of Appeals, and authorizes some expansion over the next 10+ years. authorizes some expansion over the next 10+ years. See Report and Order (FCC 11-126) (released August See Report and Order (FCC 11-126) (released August 25, 2011); rules reinstated October 8, 2011; full 25, 2011); rules reinstated October 8, 2011; full compliance began July 1, 2012.compliance began July 1, 2012.– Affiliates of 4 major TV networks (ABC, NBC, CBS, and Fox) in Affiliates of 4 major TV networks (ABC, NBC, CBS, and Fox) in

top 25 markets must provide 50 hours of described prime time or top 25 markets must provide 50 hours of described prime time or children’s programming each calendar quarter.children’s programming each calendar quarter.

– Top 5 non-broadcast networks (Disney, Nickelodeon, TBN, TNT, Top 5 non-broadcast networks (Disney, Nickelodeon, TBN, TNT, and USA) must provide 50 hours of described prime time or and USA) must provide 50 hours of described prime time or children’s programming each calendar quarter, which must be children’s programming each calendar quarter, which must be displayed by systems with 50,000 or more subscribers. displayed by systems with 50,000 or more subscribers.

Internet Protocol CaptioningInternet Protocol Captioning

• Requires video programming that is closed captioned on Requires video programming that is closed captioned on TV to be closed captioned when distributed using Internet TV to be closed captioned when distributed using Internet protocol. protocol. See Report and Order (FCC 12-9) (released See Report and Order (FCC 12-9) (released January 13, 2012)January 13, 2012)– Phased-in implementation began September 30, 2012 with pre-Phased-in implementation began September 30, 2012 with pre-

recorded programming not edited for the Internet.recorded programming not edited for the Internet.– Live programming and near-live programming (recorded less than Live programming and near-live programming (recorded less than

24 hours before first showing) must be captioned for Internet 24 hours before first showing) must be captioned for Internet distribution on or after March 30, 2013.distribution on or after March 30, 2013.

– Pre-recorded programming edited for the Internet must be Pre-recorded programming edited for the Internet must be captioned for Internet distribution on or after September 30, 2013captioned for Internet distribution on or after September 30, 2013

– Programming already on websites must be captioned for Internet Programming already on websites must be captioned for Internet distribution when it is shown on TV with captions after March 30, distribution when it is shown on TV with captions after March 30, 2014.2014.

Emergency InformationEmergency Information

• Requires video programming distributors, providers, and Requires video programming distributors, providers, and owners to convey emergency information in a manner owners to convey emergency information in a manner that is accessible to people who are blind or visually that is accessible to people who are blind or visually impaired. impaired. See Notice of Proposed Rulemaking (FCC 12-See Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012).142) (November 19, 2012).– Proposes that emergency information crawls displayed during Proposes that emergency information crawls displayed during

regular, non-news TV programs be provided aurally on the regular, non-news TV programs be provided aurally on the secondary audio stream. The secondary audio stream is secondary audio stream. The secondary audio stream is currently being used for video description and other language currently being used for video description and other language services.services.

Video Programming ApparatusVideo Programming Apparatus

• Expands requirement for apparatus designed to receive Expands requirement for apparatus designed to receive or play back video programming to be capable of or play back video programming to be capable of displaying closed captions to devices with screens displaying closed captions to devices with screens smaller than 13 inches, if technically feasible and smaller than 13 inches, if technically feasible and achievable. achievable. See Report and Order (FCC 12-9) (released See Report and Order (FCC 12-9) (released January 13, 2012); compliance by January 1, 2014. January 13, 2012); compliance by January 1, 2014.

• Requires apparatus designed to receive or play back Requires apparatus designed to receive or play back video programming to be able to pass through video video programming to be able to pass through video descriptions and accessible emergency information, if descriptions and accessible emergency information, if technically feasible and, for devices with screens smaller technically feasible and, for devices with screens smaller than 13 inches, if achievable. than 13 inches, if achievable. See Notice of Proposed See Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012).Rulemaking (FCC 12-142) (November 19, 2012).

Video Programming RecordersVideo Programming Recorders

• Requires devices designed to record video programming Requires devices designed to record video programming to pass through closed captions so viewers can turn to pass through closed captions so viewers can turn on/off the closed captions when the programming is on/off the closed captions when the programming is played back, if achievable. played back, if achievable. See Report and Order (FCC See Report and Order (FCC 12-9) (released January 13, 2012); compliance by 12-9) (released January 13, 2012); compliance by January 1, 2014.January 1, 2014.

• Requires devices designed to record video programming Requires devices designed to record video programming to pass through video description and emergency to pass through video description and emergency information so viewers can turn on/off the video information so viewers can turn on/off the video description when the programming is played back, if description when the programming is played back, if achievable. achievable. See Notice of Proposed Rulemaking (FCC See Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012).12-142) (November 19, 2012).

Interconnection MechanismsInterconnection Mechanisms

• Requires interconnection mechanisms to carry (from the Requires interconnection mechanisms to carry (from the source device to the consumer equipment, source device to the consumer equipment, e.ge.g., TV set) ., TV set) the information necessary to permit the display of closed the information necessary to permit the display of closed captions. captions. See Report and Order (FCC 12-9) (released See Report and Order (FCC 12-9) (released January 13, 2012); compliance by January 1, 2014.January 13, 2012); compliance by January 1, 2014.

• Requires interconnection mechanisms to carry (from the Requires interconnection mechanisms to carry (from the source device to the consumer equipment, source device to the consumer equipment, e.ge.g., TV set) ., TV set) the information necessary to make video description and the information necessary to make video description and emergency information audible. emergency information audible. See Notice of Proposed See Notice of Proposed Rulemaking (FCC 12-142) (November 19, 2012).Rulemaking (FCC 12-142) (November 19, 2012).

User Interfaces & Program GuidesUser Interfaces & Program Guides

• Requires user interfaces for video programming apparatus Requires user interfaces for video programming apparatus to be accessible to and usable by individuals who are blind to be accessible to and usable by individuals who are blind or visually impaired; and to have a button, key, icon, or or visually impaired; and to have a button, key, icon, or comparable mechanism designated for activating closed comparable mechanism designated for activating closed captioning and video description. captioning and video description. See Public Notice (DA See Public Notice (DA 12-635) (April 24, 2012).12-635) (April 24, 2012).

• Requires on-screen text menus and programming guides Requires on-screen text menus and programming guides displayed by navigation devices (set-top boxes) to be displayed by navigation devices (set-top boxes) to be audibly accessible to people who are blind or visually audibly accessible to people who are blind or visually impaired; and to have a button, key, icon, or comparable impaired; and to have a button, key, icon, or comparable mechanism designated for activating closed captioning mechanism designated for activating closed captioning (when built-in to the set-top box) or accessibility features. (when built-in to the set-top box) or accessibility features. See Public Notice (DA 12-635) (April 24, 2012).See Public Notice (DA 12-635) (April 24, 2012).

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Eliot GreenwaldEliot GreenwaldEliot.GreenwaldEliot.Greenwald@fcc.gov

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