What the 21st Century Communications Act Does for People with Hearing Loss

Editor: You've probably heard about the Equal Access to 21st Century Communications Act, but do you know what it does? You may know about one or two provisions, but only the most aware among us know the full extent of the provisions. Fortunately the folks at the Coalition of Organizations for Accessible Technology (COAT) have put together a great summary and have generously allowed us to share it with you. Please do take a moment and visit them at http://www.coataccess.org

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October 2010

Title I - Communications Access

Section 101: Definitions.

* Provides definitions for "advanced communications" (including interconnected and non-interconnected voice over Internet protocol (VoIP), electronic messaging, and interoperable video conferencing services); "consumer-generated media"; and "disability."

Section 102: Hearing aid compatibility.

* Requires telephones used with the Internet to be hearing aid compatible.

Section 103: Relay services.

* Permits use of relay services to enable communication with anyone, not just between people with and without disabilities. So, for example, a TTY user can use relay services to call a person who communicates in American Sign Language using a videophone.

* Requires Internet-based voice communication service providers to contribute to the Interstate Relay Service Fund.

Section 104: Access to advanced communications services and equipment.

* Requires accessible advanced communications equipment and services, if achievable; and, if not achievable, then to make equipment and services compatible with devices commonly used by individuals with disabilities to achieve access, if achievable.

* Requires access to Internet services built-in to mobile telephone devices, like smart phones, if achievable.

* Defines "achievable" as reasonable effort or expense, as determined by the FCC.

* Improves enforcement; requires regular reports by the FCC to Congress; and requires an enforcement study by the Comptroller General.

* Adds recordkeeping obligations for equipment manufacturers and service providers.

* Requires a clearinghouse of information on accessible products and services, and public education and outreach.

Section 105: Relay Services for Deaf-Blind Individuals

* Allocates up to $10 million per year from the Interstate Relay Service Fund for equipment used by individuals who are deaf-blind.

Section 106: Emergency Access Advisory Committee

* Establishes an Emergency Access Advisory Committee to recommend and for the FCC to adopt rules to achieve reliable and interoperable communications with future Internet-enabled emergency call centers.

Title II - Video Programming

Section 201: Video Programming and Emergency Access Advisory Committee.

* Establishes a Video Programming and Emergency Access Advisory Committee to make recommendations about closed captioning, video description, accessible emergency information, user interfaces, and video programming guides and menus.

Section 202: Video description and closed captioning.

Video Description

* After 1 year, restores FCC rules requiring 4 hours per week of video description on 9 television channels (top 4 broadcast networks and top 5 cable channels) in the top 25 most populated markets.

* After 2 years, requires FCC to report to Congress on video description.

* After 4 years, permits the FCC to increase video description to 7 hours per week on 9 television channels.

* After 6 years, requires the FCC to apply the video description requirements to top 60 markets (not just the top 25 most populated markets).

* After 9 years, requires the FCC to report to Congress on the need for additional markets to carry video description.

* After 10 years, permits the FCC to expand video description to 10 new markets annually to achieve 100 percent nationwide coverage.

Emergency Information

* Requires video programming owners, providers, and distributors to make emergency information accessible to individuals who are blind or have low vision.

Closed Captioning

* Requires captioned television programs to be captioned when delivered over the Internet.

* Requires the FCC to grant or deny requests for exemption from the closed captioning rules (when compliance would be economically burdensome) within 12 months.

Section 203: Closed captioning decoder and video description capability.

* Requires devices designed to receive or play back video programming, using a picture screen of any size, to be capable of displaying closed captioning, delivering available video description, and making emergency information accessible to individuals who are blind or have low vision, except, devices with picture screens less than 13" must meet these requirements if achievable with reasonable effort or expense.

* Requires devices designed to record video programming (such as DVRs) to enable the rendering or pass through of closed captions, video description, and emergency information, so viewers can turn the closed captions and video description on/off when played back on a screen of any size.

Section 204: User interfaces on digital apparatus.

* Requires devices designed to receive or play back video programming:

- to make controls of built-in functions accessible to and usable by individuals who are blind or have low vision, if achievable;

- to make controls of built-in functions accessible to and usable by individuals who are blind or have low vision through audio output;

- to provide access to built-in closed captioning and video description features through a mechanism that is reasonably comparable to a button, key, or icon designated for activating the closed captioning or accessibility features.

Section 205: Access to video programming guides and menus provided on navigation devices.

* Requires cable/satellite set-top box on-screen text menus and guides to be audibly accessible to individuals who are blind or have low vision, if achievable.

* To provide access to built-in closed captioning and video description features through a mechanism that is reasonably comparable to a button, key, or icon designated for activating the closed captioning or accessibility features.

Section 206: Definitions.