ADV I SO RY
FCC Issues Accessibility Rules for Video
Programming Devices
Pursuant to the Twenty-First Century Communications and Video Accessibility Act of 2010
(CVAA), the Federal Communications Commission (FCC or Commission) recently adopted
rules designed to permit (1) the blind or visually impaired to more easily access video
programming on a range of video devices, and (2) the deaf and hard of hearing to more
easily activate closed captioning on video devices. Specifically, Section 204 of the CVAA
requires “digital apparatus” (described below) that receive or play back video to accompany
on-screen text menus with audio output, and to build in access to those features through a
button, key or icon. Section 205 of the CVAA requires “navigation devices” (described below)
also to have audibly accessible on-screen menus and guides. The rules were set forth in a
December 2013
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Stephanie M. Phillipps
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recent Report and Order and Further Notice of Proposed Rulemaking (the Order). Effective
dates of the new rules are noted below.
Section 204 - Digital Apparatus
Section 204 of the CVAA applies to digital apparatus designed to receive or play back video
programming, such as computers, mobile phones, televisions and removable media players.
The section imposes requirements on the manufacturers of such apparatus, which, in the
Commission’s view, are best positioned to develop and build-in the necessary functions.
The term “digital apparatus” includes “the physical device and the video players that
manufacturers install into the devices they manufacture (whether in the form of hardware,
software, or a combination of both) before sale, as well as any post-sale video players that
manufacturers direct consumers to install.” Order ¶ 39. This includes “video players that are
part of third-party applications that provide video programming, such as Netflix, Hulu, and
Amazon, if those applications are pre-installed on digital apparatus or manufacturers direct
consumers to install such applications.” However, the definition does not include “third-party
software that is downloaded or otherwise added to the device independently by the consumer
after sale and that is not required by the manufacturer to enable the device to play video.”
Order ¶ 39. Nor does it include equipment or software that falls within the meaning of the
term “navigation device” (discussed below).
Such digital apparatus must, if achievable, “be designed, developed, and fabricated so
that control of appropriate built-in apparatus functions are accessible to and usable by
individuals who are blind or visually impaired.” Furthermore, “if on-screen text menus or
other visual indicators built in to the digital apparatus are used to access the [appropriate
built-in] functions of the apparatus … such functions shall be accompanied by audio output
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that is either integrated or peripheral to the apparatus, so
that such menus or indicators are accessible to and usable
by individuals who are blind or visually impaired in real-time.”
Order ¶ 53.
The essential functions which must be made accessible to
the blind or visually impaired are the following, as identified
by the Video Programming Accessibility Advisory Committee
(VPAAC):
„„
Power On / Off: Function that allows the user to turn the
device on or off.
„„
Volume Adjust and Mute: Function that allows the user
to adjust the volume and to mute or un-mute the volume.
„„
Channel / Program Selection: Function that allows the
user to select channels and programs (e.g., via physical
numeric or channel up/channel down buttons or via onscreen guides and menus).
„„
Display Channel / Program Information: Function that
allows the user to display channel or program information.
„„
Configuration – Setup: Function that allows the user
to access and change configuration or setup options
(e.g., configuration of video display and audio settings,
selection of preferred language for on-screen guides or
menus, etc.).
„„
Configuration – CC Control: Function that allows the user
to enable or disable the display of closed captioning.
„„
Configuration – CC Options: Function that allows the
user to modify the display of closed caption data (e.g.,
configuration of the font size, font color, background
color, opacity, etc.).
„„
Configuration – Video Description Control: Function that
allows the user to enable or disable the output of video
description (i.e., allows the user to change from the main
audio to the secondary audio stream that contains video
description, and from the secondary audio stream back
to the main audio).
„„
Display Configuration Info: Function that allows the user
to display how user preferences are currently configured.
„„
Playback Functions: Function that allows the user to
control playback functions (e.g., pause, play, rewind, fast
forward, stop, and record).
„„
Input Selection: Function that allows the user to select
their preferred input source.
The FCC does not mandate inclusion of these features on all
covered digital apparatus; rather, to the extent that a digital
apparatus is designed to include the functions listed, such
functions must be made accessible in accordance with the
FCC rules. Furthermore, the Commission declined to adopt
any technical standards or other technical requirements for
how covered apparatus should achieve compliance, leaving
the technical means up to the manufacturers. As noted
by the Commission, the CVAA prohibits the Commission
from specifying the technical means to achieve the CVAA
requirements.
Section 205 - Navigation Devices
Section 205 of the CVAA addresses “navigation devices,”
which are devices used to access multichannel video
programming, including broadband data services. In the
Order, the FCC found that in order to be classified as a
“navigation device,” rather than a “digital apparatus,” the
device must have the ability to perform conditional access.
The FCC then stated that “navigation devices” include
TVs with CableCARD slots, set-top boxes (including those
provided by Multichannel Video Programming Distributors1
(MVPDs) as well as consumer-owned CableCARD-ready
devices), computers with CableCARD slots, cable modems
and “third party devices with MVPD applications that are
installed by the device manufacturer.” Order ¶ 23.
Those responsible for compliance with Section 205 include
both “MVPDs leasing or selling navigation devices to
their subscribers” and “equipment manufacturers placing
navigation devices into the chain of commerce for purchase.”
Order ¶ 43. In addition, the FCC noted that Section 205
imposes responsibilities on manufacturers of navigation
device hardware and software. Id.
Navigation devices, like digital apparatus, must also make
on-screen text menus and guides for the display or selection
of multichannel video programming audibly accessible in realtime upon request by blind or visually impaired individuals.
With respect to navigation devices, as opposed to digital
1
Multichannel Video Programming Distributor means “a person such
as, but not limited to, a cable operator, a multichannel multipoint
distribution service, a direct broadcast satellite service, or a television
receive-only satellite program distributor, who makes available for
purchase, by subscribers or customers, multiple channels of video
programming.” 47 U.S.C. § 522(13).
FCC Issues Accessibility Rules for Video Programming Devices | 2
apparatus, only nine of the VPAAC’s 11 essential functions are
required to be audibly accessible: Channel / Program Selection;
Display Channel / Program Information; Configuration –
Setup; Configuration – CC Control; Configuration – CC
Options; Configuration – Video Description Control; Display
Configuration Info; Playback Functions; and Input Selection.
The power on/off and volume adjust/mute functions must be
made accessible, but not necessarily audibly accessible.
contact information available to end users for the receipt and
handling of written complaints. Order ¶ 120. Complainants
must file within 60 days after experiencing a problem, and
may file with either the Commission or the covered entity.
The covered entity then has 30 days to file a response to
the complaint. Id. The Commission has adopted a case-bycase approach to sanctions, and may employ the full range
of sanctions and remedies available to it.
A Mechanism Reasonably Comparable to a
Button, Key, or Icon
Effective Dates
Digital apparatus under Section 204 and navigation devices
under Section 205 must provide access to certain accessibility
features through “a mechanism reasonably comparable to
a button, key, or icon.” Order ¶ 79. With respect to digital
apparatus, the rules require built-in access to both closed
captioning and video description features. With respect to
navigation devices, the rules require that navigation devices
with built-in closed captioning capability provide access to
that capability. The Order states that mechanisms deemed
compliant with this requirement include a dedicated button, key,
or icon; voice commands; gestures; and a single step activation
from the same location as the volume controls. However, the
Commission declined to adopt the proposal that such features
must be accessible in a single step.
Entities covered by Section 205 must provide compliant
devices to consumers “upon request,” which the FCC has
generally interpreted to mean that consumers must be able
to “request compliant devices through any means made
available generally to other subscribers requesting navigation
devices.” Order ¶ 87. Such equipment should be provided in
the same time frame as to other subscribers, and should be at
no additional cost. With respect to closed captioning, however,
rather than providing compliant devices only upon request,
“covered entities must ensure that all of their navigation
devices with built-in closed captioning capability provide a
mechanism reasonably comparable to a button, key or icon
to activate closed captioning.” Order ¶ 104 (emphasis added).
Complaint Process
The FCC established a complaint process by which
consumers may file complaints against covered entities for
alleged violations of the rules, and covered entities must make
With respect to navigation devices and most digital
apparatus, the rules will take effect three years after their
publication date in the Federal Register, which has not
occurred as of the posting of this Advisory. However, certain
digital apparatus will have a compliance deadline of eight
years from publication in the Federal Register. Specifically,
display-only monitors and projectors, although covered by
Section 204 governing “digital apparatus,” have a compliance
deadline of eight years from publication in the Federal
Register. The eight-year compliance deadline also applies
to digital cameras, baby monitors and similar equipment.
If you have any questions about any of the topics discussed in
this Advisory, please contact your Arnold & Porter attorney or
any of the following attorneys:
Stephanie M. Phillipps
+1 202.942.5505
Stephanie.Phillipps@aporter.com
Maureen R. Jeffreys
+1 202.942.6608
Maureen.Jeffreys@aporter.com
Michael K. Levin
+1 212.715.1025
Michael.Levin@aporter.com
© 2013 Arnold & Porter LLP. This Advisory is intended to be a
general summary of the law and does not constitute legal advice.
You should consult with counsel to determine applicable legal
requirements in a specific fact situation.
FCC Issues Accessibility Rules for Video Programming Devices | 3