21 st Century Communications & Video Accessibility Act of 2010 (P.L. 111-260) An Act

21st Century Communications & Video Accessibility Act of 2010 (P.L. 111-260)

An Act

To increase the access of persons with disabilities to modern communications, and for other purposes

TITLE I Communications Access

DefinitionsHearing Aid CompatibilityRelay ServicesAccess to advanced communications services and equipmentUniversal service (*)Emergency access advisory committee

TITLE II Video Programming

Video Programming and Emergency Access Advisory CommitteeVideo description and closed captioningClosed captioning decoder and video description capabilityUser interfaces on digital apparatusAccess to video programming guides and menus provided on navigation devicesDefinitions

Highlight from Title I

Definitions

• Advanced communications services--interconnected VoIP, non-interconnected VoIP, electronic messaging (real time or near real time text), interoperable video conferencing service (real-time video & audio)

• ADA disability definition (significant life impairment….)

Highlight from Title I

Hearing Aid Compatibility

• CPE used with advanced communications services (2-way voice communication, built-in speaker/held to ear, function equal to phone)

Highlight from Title IRelay Services

Revised definition of relay service• Permits different forms of relay to be reimbursed for connected calls (e.g., STS, VCO, traditional TTY, VRS, etc.)

• Internet Protocol-Based Relay ServicesAfter one year Internet-connected & non-Internet connected VoIP providers contribute to TRS fund

Highlight in Title IAccess to advanced comms svcs & equipment(like Sec 255) Manufacturers & Service providers -- accessible to/usable by individuals with disabilities unless not achievable; whether for sale or distributed• Industry flexibility

--w/o 3rd party apps, periph devices, software, hardware or CPE--w/ 3rd party apps, periph devices…at nominal cost--or make it compatible

(Like Sec 255) Networks can’t impede accessibility Rulemaking w/i 1 yr, performance objectives, prospective guidelines, small entity/customized exemptions, FCC flexibility waiver•Achievable defined (nature & cost, tech/econ impact, type, other svcs/equipt)

Highlight of Title I

NEW Enforcement & Recordkeeping obligations• W/i one year, new rules establishing procedures for filing consumer complaints • No fee, separate filing receipt process• Investigation of informal complaints• FCC Order within 180 days concluding investigation, includes determination of violation & basis• Consolidation of complaints•News recordkeeping by cos on accessibility & complaints, with annual certification of keeping these records by officer of mfr or provider•Consumer can challenge FCC “failure to act” in USCA-DC•Every 2 yrs FCC Report to Congress on compliance with public comment first•Comptroller General study on FCC activity w/i 5 yrs•Clearinghouse w/i 1 yr, with ATBCB & NTIA on accessibility solutions; outreach & education by FCC/NTIA on sections 255, 716, 718

Highlight in Title I

(*Universal service)

• Internet browsers built into telephones used with public mobile services (blind/visual impairment) to reach Internet content, apps, services• Industry flexibility (w/o apps OR w/ 3rd party apps, periph devices, software, hardware at nominal cost)• Effective within 3 years•($100K fine per day/up to $1m)

Highlight of Title I -REGS ISSUED!!

• Relay services for deaf-blind individuals—distribution program of SCPE designed to make telecom svcs, Internet access svcs and ACS, including interchange & adv telecom & info svcs accessible to d-b

• Helen Keller definition of d-b (in Rehab Act)• Up to $10m per year from interstate TRS fund

Deaf-Blind Equipt Program -REGS ISSUED!! (more details)

•$500K, of $10 million, set aside for national outreach•Each state receives min $50,000, balance proportion to population•Certified programs submit documentation for reimbursement for equipment & related services, up to state’s full allocation•One entity certified by in each state•Certified programs reports on activities & expenses every 6 mos•Must disclose conflicts of interest, conduct annual ind audits•Eligibility: deaf-blind, defined in Helen Keller Natl Center Act.•Low-income eligibility threshold 400% of fed poverty guidelines.•Equipment: specialized & off-the-shelf equipment, separately or in combination, for comms services covered under CVAA•Costs allowed: distribution, warranties, maintenance, repairs, & refurbishing, related services (S&L outreach, assessments of D-B person needs, equipt installation & consumer training)

Highlight of Title I

Emergency access advisory committee

• To achieve equal access to national Internet-protocol enabled emergency network• Within 6 months; not a FACA; can form subcoms• Reps: S&L, EM, experts, pwds, others• Recommendations w/i 1 year on actions necessary, protocols, technical reqs & standards, deadlines for providers, phase-out of TTY connection, new rules re new tech for TRS connection

the TV stuff….

TITLE II Video Programming

Video Programming and Emergency Access Advisory CommitteeVideo description and closed captioningClosed captioning decoder and video description capabilityUser interfaces on digital apparatusAccess to video programming guides and menus provided on navigation devicesDefinitions

Highlights from Title II

Video Description -- Reinstatement:•New top 25 DMAs, top 5 cable networks•50 hours per Q/prime time•Provider can petition for exemption if economically burdensome•Not apply to live or near-live programming•Phase-in; reports re expanding vid des to all DMAs within 10 years•Within 1 yr, find way to make emergency info accessible to blind people

Highlight from Title II

Closed Captioning on Internet• Video programming once published or exhibited on TV • Phase-in schedule factors for Internet distribution

• prerecorded & edited for Internet distribution• live or near-live

• Pass through• Exemptions: by petition (6-mo rule) or certain classes of programming by FCC• Waivers for ‘economically burdensome’ to providers or program owners

Highlight from Title II

User Interfaces on Digital Apparatus (built-in)• Accessible & usable TV controls for people who are blind or visually impaired•FCC can’t specify standards•On-screen text menus or other visual indicators must have audio output in real time•Access to cc’g & vid must be comparable to a button, key, or icon•Doesn’t include navigation devices•2-yr deferral for mobile TV devices

Highlight from Title II

Video programming guides & menus on navigation devices must be accessible• on-screen text menus & guides for display or selection of TV must be audibly accessible in real-time• can be software, peripheral device, equipment, service, or solution• upon request by individuals who are blind or visually impaired• at no additional charge & must be within reasonable time

Navigation devices with built-in closed captioning capability must be accessible: reasonably comparable to a button, key, or icon designated for activating the closed captioning, or accessibility features.

Regulatory Implementation Schedule for 21st CVAA

2nd Q 2011 Deaf-Blind Equipment Program4th Q 2011 Video Description Reinstatement; Hearing Aid Compatibility of Advanced Communications; Relay Service Contributions; Advanced Communications Services & Equipment

1st Q 2012, Internet Captioning of TV; CC’g of Video Devices3rd Q 2012 Accessible Internet Browsers4th Q 2012 Compliance Report to U.S. Congress

2nd Q 2013 Emergency Access to TV4th Q 2013 Video Description on Video Devices; Accessible User Interfaces; Accessible On-Screen Menus; Emergency Access to TV Programming

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