Telecom, Media and Technology Alert
November 16, 2010
Authors:
Martin L. Stern
marty.stern@klgates.com
202.661.3700
Carol C. Lumpkin
New Disability Access Requirements for
Advanced Communications and Video
FCC given "enormous mandate" and "virtually every segment" of
communications industry covered
carol.lumpkin@klgates.com
305.539.3323
Stephanie N. Moot
stephanie.moot@klgates.com
305.539.3373
K&L Gates includes lawyers practicing out
of 36 offices located in North America,
Europe, Asia and the Middle East, and
represents numerous GLOBAL 500,
FORTUNE 100, and FTSE 100
corporations, in addition to growth and
middle market companies, entrepreneurs,
capital market participants and public
sector entities. For more information,
visit www.klgates.com.
The President signed the 21st Century Communications and Video Accessibility Act
of 2010 on October 8, 2010 (the ComVid Accessibility Act or Act ). The
ComVid Accessibility Act expands various disability access requirements to VoIP
phones, browser-enabled smart phones, text messaging, Internet-enabled video
devices, on-line video of TV programming, TV navigation devices, and
programming guides and menus, among other things.
Karen Peltz Strauss, who has the lead at the Federal Communications Commission
( FCC or Commission ) on implementing the ComVid Accessibility Act, appeared
on a recent live program on Internet TV channel Broadband US TV and discussed
the FCC's "enormous mandate" to implement the new Act. Click here for a clip of
Ms. Peltz Strauss' comments on the program (with permission from TV
Worldwide)1. According to Ms. Peltz Strauss, Every segment of the industry that
has anything to do with broadband, television, including cable, satellite or broadcast,
Internet-based television, as well as . . . Internet-based providers, traditionally
regulated [telephone] companies, wireless companies needs to be paying attention
to the new Act. Virtually every segment that has anything to do with
communications or video programming is covered.
Additionally, Peltz Strauss commented that with the passage of the Act, the FCC
now has an enormous mandate to ensure that all kinds of advanced
communications are accessible to people with disabilities. She noted that the FCC
will initially be seeking comment on what should go into a draft notice of proposed
rulemaking, and will also be forming within 60 days two advisory committees
required by the Act, noting that the Commission has a laundry list of things we need
to do and that there will be multiple, far-reaching documents involved.
An initial request for comments was released on October 21, 2010, with comments
and reply comments due November 22 and December 7, respectively. The
comments will be used by the Commission to assist in the development of a Notice
of Proposed Rulemaking required by the ComVid Accessibility Act.
Broadly speaking, the ComVid Accessibility Act:
Clarifies that hearing aid compatibility requirements apply to VoIP customer
premises equipment. The Act also requires VoIP providers to contribute to the
Telecommunications Services Relay Fund, which is used to support phone
1
The Broadband US TV program, Spurring Adoption and Use of Broadband, also includes an
interview with FCC Commissioner Mignon Clyburn on broadband adoption issues, and panels on
broadband adoption policy and broadband adoption success stories from around the country. Click
here for the complete show. (The show is free but registration is required.)
Telecom, Media and Technology Alert
services for the hearing impaired. This
provision also applies both to interconnected
or two-way VoIP services, as well as noninterconnected VoIP providers, potentially
extending the TRS contribution requirements to
certain types of one-way VoIP services that
today are not covered by the FCC s various
VoIP-related rules.
audio description of the actions occurring on
screen), and (iii) conveying emergency
information. These requirements apply to
devices with screens smaller than 13 inches,
including mobile devices, if such requirements
are achievable. The provision also requires
DVRs to render and pass through such
information.
Extends accessibility requirements to mobile
Internet browsers and email applications,
requiring manufacturers and providers of
equipment used for advanced communications,
including end-user equipment, network
equipment, software, and telecommunications
services, to make their products and services,
compatible with devices used by persons with
disabilities, if achievable." Manufacturers and
service providers would have to show that they
invested a "reasonable" level of expense and
effort before determining that accessibility was
not achievable.
Requires television networks to incrementally
provide video description capability, reinstating
FCC video description requirements that had
been vacated by the D.C. Circuit.
Requires providers of Internet access services
and manufacturers of Internet access equipment
to make user interfaces accessible to persons
with disabilities, unless doing so would be an
undue burden.
Requires that devices that receive or play back
video programming and have a picture screen of
any size be capable of (i) decoding and
displaying closed captioning, (ii) transmitting
and delivering video description (a separate
audio feed that includes the dialogue and an
Requires closed captioning for Internet
streaming of video programming exhibited on
television with captions, taking into
consideration whether such programming is
pre-recorded, or whether such programming is
to be streamed live or near-live, and the cost of
captioning live streamed programming.
Requires programming distributors, such as
cable or satellite TV services, to make their
programming guides accessible to the visually
impaired.
Creates new directives for associated FCC
reporting obligations, as well as enforcement
and complaint procedures.
As a new law, its interpretation and impact will, of
course, be shaped by FCC regulations and any
subsequent judicial review. We will continue to
track the law s implementation, and will provide
updates as appropriate.
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K&L Gates includes lawyers practicing out of 36 offices located in North America, Europe, Asia and the Middle East, and represents numerous
GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market
participants and public sector entities. For more information, visit www.klgates.com.
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©2010 K&L Gates LLP. All Rights Reserved.
November 16, 2010
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