Accessibility for the Disabled

The Federal Communications Commission proposed revisions to its wireless hearing aid compatibility (HAC) reporting rules to reduce unnecessary regulatory burdens, particularly for non-nationwide service providers. All handset manufacturers and wireless service providers are currently required to file annual status reports with the FCC on their HAC deployment and compliance efforts. The FCC is proposing rule changes to provide relief from these reporting obligations to small, rural, and regional service providers while maintaining other safeguards to ensure that all consumers enjoy the benefits of having available hearing aid compatible handsets. Specifically, the item seeks comment on, among other things, whether to amend the FCC’s HAC reporting requirements to exempt non-nationwide, wireless service providers from the annual reporting requirement. It also asks about the feasibility of reliance on informal complaints and other required sources of information to ensure industry compliance. Finally, it seeks details on the costs and benefits of the proposed reporting exemption, as well as additional ways to streamline or simplify these requirements for service providers generally.

Passed 27 years ago, the Americans with Disabilities Act mandates equal rights and opportunities for people with disabilities. Title III of the ADA specifically mandates that all public and private institutions and spaces render themselves accessible to those with sensory, cognitive, and physical limitations–think of Braille on store signs, sound-enabled walk signals, on-ramps carved into sidewalks. But over the past year and a half, a string of lawsuits filed on behalf of people with disabilities against companies indicates that one crucial space has been bypassed in effectively interpreting the purpose of the ADA: the internet.

It makes sense that the ADA’s mandates around internet accessibility would be fuzzy. In 1990, when the law was passed, the web was a fringe pastime. Why concern yourself with e-commerce accessibility when Americans were still doing their shopping in brick-and-mortar stores? Now, however, 79% of people in the U.S. shop online; in that and so many other ways, including access to financial services, the internet has effectively transitioned from a privilege to a necessity. And Mark Lacek, a marketing CEO who was tipped off to the string of web-accessibility related lawsuits by his business attorney, saw an opportunity to help companies build ADA compliance into their online operations.

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the September Open Commission Meeting scheduled for Tuesday, September 26, 2017:

Amendment of Parts 74, 76 and 78 of the Commission’s Rules Regarding Maintenance of Copies of FCC Rules – The Commission will consider a Notice of Proposed Rulemaking that proposes to eliminate rules requiring certain broadcast and cable entities to maintain paper copies of FCC rules. (MB Docket Nos. 17-105; 17-231)

Cable Television Technical and Operational Standards – The Commission will consider a Report and Order that modernizes its cable television technical rules to reflect the cable industry’s use of digital transmission systems. (MB Docket No. 12-217)

Revitalization of the AM Radio Service – The Commission will consider a Third Report and Order that will relax or eliminate certain rules pertaining to AM broadcasters employing and maintaining directional antenna arrays. (MB Docket No. 13-249)

Updating Rules for Non-Geostationary Satellites in the Fixed-Satellite Service – The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking that recommends updating and streamlining the Commission’s rules to facilitate the licensing of the next generation of non-geostationary, fixed-satellite service systems. (IB Docket No. 16-408)

Revisions to Reporting Requirements Governing Hearing Aid-Compatible Mobile Handsets – The Commission will consider a Notice of Proposed Rulemaking that seeks comment on revisions to the wireless hearing aid compatibility annual reporting requirement to provide relief to non-nationwide service providers. (WT Docket No. 17-228)

Toll Free Assignment Modernization – The Commission will consider a Notice of Proposed Rulemaking that proposes to amend the Commission’s rules to allow for use of auctions to assign certain toll free numbers and considers other means by which to modernize the administration and assignment of toll free numbers. (WC Docket No. 17-192; CC Docket No 95-155)

911 Access, Routing, and Location in Enterprise Communications Systems – The Commission will consider a Notice of Inquiry that seeks comment on the provision of 911 by enterprise communications systems that serve businesses, hotels, educational institutions, and government entities. The NOI seeks comment on the capabilities of these systems to support direct calling to 911, routing to the appropriate 911 call center, and transmission of the caller’s location information, as well as to ensure that the 911 capabilities of these systems keep pace with technological developments and public expectations. (PS Docket No. 17-239)

20th Mobile Wireless Competition Report – The Commission will consider a Report analyzing the state of competition in the mobile wireless industry. (WT Docket No. 17-69)

The Federal Communications Commission is determined to be Telecommunications for the Deaf and Hard of Hearing’s (TDI) partner and meet this moment. I’d like to walk through the Commission’s multi-part strategy for improving the lives of Americans with disabilities through communications technology. The first part of this strategy is pretty straightforward: to uphold our legal obligations to promote accessibility and to advance new rules when appropriate. Part two of our accessibility strategy is encouraging the private sector to make accessibility a priority, rather than an afterthought. A third way that the FCC aims to promote accessibility is to lead by example. We are seeing real success with our direct video calling program—also called DVC. Bottom line: When it comes to accessibility, the FCC is practicing what we preach. The fourth and final piece of our accessibility agenda might not strike you at first as relevant to accessibility. But our work to bridge the digital divide is critically important to Americans with disabilities. We are aiming to connect every American with digital opportunity regardless of who they are or where they live.

On July 26, 1990, the Americans with Disabilities Act (ADA) became the law of the land. This landmark legislation gave the Federal Communications Commission a mandate to ensure access to telecommunications by Americans with hearing and speech disabilities.

Title IV of the ADA requires the FCC to ensure that nationwide telecommunications relay services are available for people who are deaf, hard of hearing, deaf-blind, or who have a speech disability to communicate with other individuals in a manner that is functionally equivalent to people who use voice telephone services. In 2010, with passage of the Twenty-First Century Communications and Video Accessibility Act (CVAA), Congress authorized the distribution of free communications equipment to low-income individuals who are deaf-blind. The FCC used this authority to develop the National Deaf-Blind Equipment Distribution Program, also known as "iCanConnect." Since 2012, iCanConnect has provided the equipment needed to make communications services accessible to low-income individuals who have both significant vision loss and significant hearing loss. Among other things, this program has enabled people who are deaf-blind and were unable to access telecommunications relay services to now do so. Although iCanConnect started as a pilot FCC program, it became permanent as of July 1, 2017. Through iCanConnect, relay service programs, and other accessibility initiatives under the ADA and CVAA, the FCC is working to ensure that all Americans have equal access to essential telecommunications services so that everyone can take full advantage of all the latest life-enhancing innovations.

The Federal Communications Commission adopted new rules to ensure Americans who are blind or visually impaired have access to more video described programming. Video description, also called audio description, allows people with limited vision to hear a description of on-screen activity while also following the dialogue, providing a more fulsome entertainment experience. According to the National Federation of the Blind, more than 7 million Americans have a visual disability. The new rules adopted today will ensure that more video described programming is available to those who rely on it, and also provide broadcast and nonbroadcast television networks more flexibility in complying with the rules.

Beginning in July 2018, broadcasters and pay-TV providers carrying one of the top networks must provide 87.5 hours of described programming per calendar quarter, which averages out to roughly one hour per day of description on each included network. This is an increase of 75 percent over the 50 hours per quarter presently required. While the current 50 hour requirement must be provided during prime-time or children’s programming, the additional 37.5 hours per quarter being added by these new rules can be provided at any time of day between 6 a.m. and midnight. The networks currently covered by the rule are ABC, CBS, Fox, NBC, Disney Channel, History, TBS, TNT, and USA. However, the list of the top five nonbroadcast networks will be updated in July 2018, so this is subject to change.

Federal Communications Commission Chairman Ajit Pai announced that the following items are tentatively on the agenda for the July Open Commission Meeting scheduled for Thursday, July 13, 2017:

1. Call Authentication Trust Anchor – The Commission will consider a Notice of Inquiry that seeks comment on methods to authenticate telephone calls to further secure our telephone networks against illegal robocallers. The Notice seeks comment on implementing authentication standards for telephone calls, as well as the Commission’s role in this process and other public policy considerations. (WC Docket No. 17-97)
2. Advanced Methods to Target and Eliminate Unlawful Robocalls – The Commission will consider a Notice of Inquiry that explores methods by which reassigned telephone number data could be made available to callers to avoid making unwanted calls to consumers. (CG Docket No. 17-59)
3. Protecting Consumers from Unauthorized Carrier Changes and Related Unauthorized Charges – The Commission will consider a Notice of Proposed Rulemaking outlining steps to further curtail slamming and cramming. (CG Docket No. 17-169)
4. Rural Call Completion - The Commission will consider a Second Further Notice of Proposed Rulemaking that proposes rule changes to better address ongoing problems in the completion of long-distance telephone calls to rural areas. The Second Further Notice of Proposed Rulemaking proposes to (1) adopt new rural call completion requirements for covered providers, and (2) eliminate the Commission’s existing rural call completion recording, retention, and reporting rules. (WC Docket No. 13-39)
5. Video Description – The Commission will consider a Report and Order which increases the required hours of video described programming that covered broadcast stations and MVPDs must provide to consumers. (MB Docket No. 11-43)
6. Updating the Part 2 Equipment Authorization Program – The Commission will consider a First Report and Order that would update and amend its equipment authorization program by replacing two certification procedures with a new Supplier’s Declaration of Conformity process, codifying procedures for the electronic labeling of devices, modernizing the requirements related to the importation of electronic equipment, and incorporating up-to-date methods for equipment compliance measurements into the rules. (ET Docket No. 15-170)
7. Radar Services in the 76-81 GHz Band – The Commission will consider a Report and Order that would address use of the 76-81 GHz band under the Part 95 rules to support a broad range of vehicular radar uses, such as collision avoidance and adaptive cruise control systems, as well as to expand the types of fixed and mobile radar operations permitted within airport environments. (ET Docket No. 15-26)
8. Wireless Microphone Operations – The Commission will consider an Order on Reconsideration and Further Notice of Proposed Rulemaking that would address licensed and unlicensed wireless microphone operations in the TV bands and various other frequency bands. (GN Docket No. 14-166; ET Docket No. 14-165)

Let me begin by expressing how pleased I am to see the Federal Communications Commission’s Consumer and Governmental Affairs Bureau (CGB) move rapidly to certify states and territories for participation in the National Deaf-Blind Equipment Distribution Program, also known as “iCanConnect.” I will focus specifically on three proceedings that were circulated during the previous Administration, that if acted upon, can significantly improve the lives of those living with a disability. First, it is imperative that we act to increase the number of hours of video described programming. The Commission must also address improved accessibility of closed captioning. Third, we have an opportunity to improve how Americans with hearing loss, access wireline and wireless communications services.

US District Judge Robert Scola ruled that grocery chain Winn-Dixie Stores must make its website accessible to the blind, following an unprecedented trial over a gray area of accessibility law.

The decision adds momentum to a push by plaintiffs’ lawyers and disability-rights groups to make all consumer websites accessible to the blind and hearing-impaired. Uncertainty in the federal Americans with Disabilities Act and a lack of Justice Department guidance has created widespread confusion over whether websites must meet the same stringent accessibility standards as stores do. Plaintiffs’ lawyers have latched on to the ambiguity to launch hundreds of website accessibility lawsuits, most of which privately settle. The latest ruling “is definitely a game-changer,” said Minh Vu, a partner at Seyfarth Shaw LLP who represents companies facing accessibility claims and is not involved in the case. While the decision is only immediately applicable to Winn-Dixie, Ms. Vu said, it sends a signal to other companies that “there’s a very real possibility a judge could find this way.”

Recognizing innovative communications technology designed for people with disabilities, Federal Communications Commission Chairman Ajit Pai announced winners and honorable mentions of the sixth annual Chairman’s Awards for Advancement in Accessibility (Chairman's AAA).

2017’s winners include an app that can caption live conversations, automated image recognition for social media that tags images with descriptive text for those with limited sight, guidelines to script video content in ways that naturally describe on-screen action for those who cannot see it, and an audible video programing interface for people who are blind or visually impaired. In addition to the four winners, two honorable mentions were chosen.