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

21 st 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.

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

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  1. 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

  2. TITLE I Communications Access DefinitionsHearing Aid CompatibilityRelay ServicesAccess to advanced communications services and equipmentUniversal service (*)Emergency access advisory committee

  3. TITLE II Video Programming Video Programming and Emergency Access Advisory Committee Video description and closed captioning Closed captioning decoder and video description capability User interfaces on digital apparatus Access to video programming guides and menus provided on navigation devices Definitions

  4. 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….)

  5. 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)

  6. Highlight from Title I • Relay 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 Services • After one year Internet-connected & non-Internet connected VoIP providers contribute to TRS fund

  7. Highlight in Title I • Access 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)

  8. Highlight of Title I • NEWEnforcement & 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

  9. 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)

  10. Highlight of Title I -REGS ISSUED!! • Relay services for deaf-blindindividuals—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

  11. 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)

  12. 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

  13. the TV stuff…. TITLE II Video Programming Video Programming and Emergency Access Advisory Committee Video description and closed captioning Closed captioning decoder and video description capability User interfaces on digital apparatus Access to video programming guides and menus provided on navigation devices Definitions

  14. 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

  15. 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

  16. 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

  17. 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.

  18. Regulatory Implementation Schedulefor 21st CVAA • 2nd Q 2011 Deaf-Blind Equipment Program • 4th 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 Devices • 3rd Q 2012 Accessible Internet Browsers • 4th Q 2012 Compliance Report to U.S. Congress • 2nd Q 2013 Emergency Access to TV • 4th Q 2013 Video Description on Video Devices; Accessible User Interfaces; Accessible On-Screen Menus; Emergency Access to TV Programming

  19. http://ww.aapd.com 1629 K Street, NW, Suite 950 Washington, DC 20006 Email jsimpson@aapd.com Twitters: @AAPD, @jeniferjs, @coataccess, Facebook LinkedIn AAPD is a founding member of COAT, a coalition of over 315 organizations

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