[Blindtlk] Fwd: Lack of blind consumer input in advanced services proceeding
David Andrews
dandrews at visi.com
Wed Dec 1 23:44:04 UTC 2010
>Content-class: urn:content-classes:message
>Content-Type: text/plain; charset="iso-8859-1"
>Subject: Lack of blind consumer input in advanced services proceeding
>Date: Wed, 1 Dec 2010 18:34:53 -0500
>Thread-Topic: Lack of blind consumer input in advanced services proceeding
>Thread-Index: AcuRsFqGUIipMy9zTpOc0JKb/e/CHA==
>From: "Jamal Mazrui" <Jamal.Mazrui at fcc.gov>
>To: "Jamal Mazrui" <Jamal.Mazrui at fcc.gov>
>
>I thought you may want to know that there do not
>appear to be any comments filed by blind
>consumers in an FCC proceeding that will define
>what advanced services are covered by the 21st
>Century Communications and Video Accessibility
>Act. The reply comment period of this phase of
>the proceeding ends next Tuesday, December 7.
>
>Since the FCC's Electronic Comment Filing System
>(ECFS) is not screen reader-friendly at present,
>I took the time to download and convert all
>relevant comments I could find from PDF to
>text. Due to current security limitations of
>our email system regarding zip attachments, I have posted the collection at
>
>http://EmpowermentZone.com/advanced_services_proceeding.zip
>
>The archive also includes the public notice,
>converted from Word format. For convenient
>review, I am also pasting its content below.
>
>I hope this outreach is helpful.
>
>Jamal Mazrui
>Deputy Director, Accessibility and Innovation Initiative
>Federal Communications Commission
>202.418.0069
>
>
>
>DA 10-2029
>Release Date: October 21, 2010
>
>CONSUMER & GOVERNMENTAL AFFAIRS BUREAU AND
>WIRELESS TELECOMMUNICATIONS BUREAU SEEK COMMENT
>ON ADVANCED COMMUNICATION PROVISIONS OF THE
>TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010
>
>CG Docket No. 10-213
>
>Comment Date: November 22, 2010
>Reply Comment Date: December 7, 2010
>
>
>I. INTRODUCTION
> On October 8, 2010, the President signed
> into law the "Twenty-First Century
> Communications and Video Accessibility Act of
> 2010," ("Accessibility Act" or "Act").1 The
> law's provisions are designed to ensure that
> individuals with disabilities have access to
> emerging Internet Protocol-based communication
> and video programming technologies in the 21st Century.
> Section 104 of Title I of the Act adds
> new Sections 716, 717, and 718 to the
> Communications Act of 1934, as amended.2 New
> Section 716 requires the Commission, within one
> year after enactment, to promulgate rules
> providing persons with disabilities access to
> advanced communications services and the
> equipment and networks used for such
> services.3 This Section builds upon the policy
> objectives set forth in Section 255 of the
> Communications Act,4 which was added by the
> Telecommunications Act of 1996.5 The purpose
> of this Public Notice ("Notice") is to solicit
> public input on the meaning of key provisions
> in new Section 716, as well as ways to
> implement new recordkeeping obligations imposed
> by new Section 717 on entities subject to
> Sections 255, 716, and 718.6 In addition, this
> Notice seeks comment on the obligation imposed
> by new Section 718 on manufacturers and service
> providers to provide access to Internet
> browsers in telephones used with public mobile
> services by blind or visually-impaired
> individuals.7 The record received in response
> to this Notice will assist in the development
> of the Notice of Proposed Rulemaking required by the Accessibility Act.
>
>II. SECTION 716 REQUIREMENTS
> Section 716 requires providers of
> advanced communications services and
> manufacturers of equipment and software used
> with those services to ensure that their
> equipment and software offered for sale after
> the effective date of the rules promulgated by
> the Commission will be accessible to and usable
> by persons with disabilities, unless not
> achievable.8 We seek comment on the meaning of
> these requirements and specifically seek input on the issues set forth below.
> 1. Advanced Communications
> Services. Section 101 of Title I of the Act
> defines "advanced communications services" to
> mean (A) interconnected VoIP service; (B)
> non-interconnected VoIP service; (C) electronic
> messaging service; and (D) interoperable video
> conferencing service.9 While the Commission's
> rules already define interconnected VoIP
> service,10 the Act provides new definitions for
> non-interconnected VoIP service,11 "electronic
> messaging service"12 and "interoperable video
> conferencing service"13 We seek comment on
> each of these new definitions as they should
> apply to the provisions for accessibility,
> usability and compatibility contained in
> Section 104 of the Act. We also seek comment on
> the extent to which equipment used by people
> with disabilities for point-to-point video
> communications and video relay services should
> be considered equipment used for "interoperable video conferencing service."
>
> 2. Achievable. Section 104 of the Act
> adds the new term "achievable" to gauge
> compliance with the newly created Sections 716
> and 718, defining this to mean "with reasonable
> effort or expense."14 In determining whether
> the requirements of a provision are
> "achievable," the Commission must consider the
> following factors: (1) the nature and cost of
> the steps needed to meet the requirements of
> this Section with respect to the specific
> equipment or service in question; (2) the
> technical and economic impact on the operation
> of the manufacturer or provider and on the
> operation of the specific equipment or service
> in question, including on the development and
> deployment of new communications technologies;
> (3) the type of operations of the manufacturer
> or provider; and (4) the extent to which the
> service provider or manufacturer in question
> offers accessible services or equipment
> containing varying degrees of functionality and
> features, and offered at differing price points.15
>
> We seek comment on how best to provide
> further guidance on this new
> definition. Specifically, how does the
> "achievable" standard compare to the "readily
> achievable" standard set forth in Section 255
> of the Communications Act?16 What does
> "reasonable effort and expense" mean in the
> context of providing access to advanced
> communications equipment and services? What is
> the best way of evaluating the extent to which
> a service provider or manufacturer is offering
> a variety of accessible services and equipment
> containing varying degrees of functionality and
> features, and offered at differing price points?
>
> 3. Industry Flexibility. A
> manufacturer or service provider may comply
> with the requirements of new Section 716 by
> building in or otherwise incorporating access
> features into the equipment or service needed
> to make that equipment or service usable by
> individuals with
> disabilities.17 Alternatively, these entities
> may rely on third party applications,
> peripheral devices, software, hardware, or
> customer premises equipment (CPE) that is
> available to individuals with disabilities at
> nominal cost.18 We seek comment on what type
> of third party applications, peripheral
> devices, software, hardware, or CPE might be
> acceptable for this purpose. We also seek
> comment on the definition of "nominal cost" in
> the context of the third party applications or
> other adjunct or peripheral devices, software,
> hardware or CPE that manufacturers and service
> providers can use to achieve accessibility.
>
> 4. Compatibility. If compliance is not
> achievable, manufacturers and service providers
> must ensure that their equipment and services
> are compatible with devices commonly used by
> persons with disabilities to achieve access,
> unless that is not achievable.19 We seek
> comment on what is meant by "devices commonly
> used by persons with disabilities to achieve
> access" and whether this phrase is limited to
> specialized equipment or could include mass market devices and software.
>
> 5. Network Features, Functions, and
> Capabilities. Each provider of advanced
> communications services has the duty not to
> install network features, functions or
> capabilities that impede accessibility.20 How
> does this requirement compare to a similar
> requirement in Section 251(a)(2) of the
> Communications Act that relates to the
> guidelines and standards established pursuant
> to Section 255? 21 Does this requirement take
> on new meaning in the context of advanced services networks?
>
> 6. Performance Objectives. Section
> 716(e)(1)(A) provides that in prescribing the
> regulations for this Section, the Commission
> shall include performance objectives to ensure
> the accessibility, usability, and compatibility
> of advanced communications services and the
> equipment used for advanced communications
> services by individuals with disabilities.22 We
> seek comment on performance objectives,,
> including the extent to which these objectives
> should be specific or general. In addition, we
> seek comment on the usefulness of the draft
> standards and guidelines on Section 508 of the
> Rehabilitation Act, released for comment by the
> United States Access Board in March 2010,23
> including, for example, its guidelines on real-time text.24
>
> 7. Accessibility of Information
> Content. Section 716(e)(1)(B) states that the
> Commission's regulations shall provide that
> advanced communications services and the
> equipment and networks used with these services
> may not impair or impede the accessibility of
> information content when accessibility has been
> incorporated into that content for transmission
> through such services, equipment or
> networks.25 We seek input on how this should
> be implemented and the types and nature of
> information content that should be addressed.
>
> 8. Obligations, Safe Harbors and
> Prospective Guidelines. Sections 716(e)(1)(C)
> and (D) provide that the Commission shall
> determine obligations under this Section for
> manufacturers, service providers, and providers
> of applications or services accessed over
> service provider networks26 and shall not
> mandate technical standards except as a safe
> harbor if necessary to facilitate the
> manufacturers' and service providers'
> compliance with the requirements of this
> Section.27 Section 716(e)(2) also directs the
> Commission to issue prospective guidelines for
> a manufacturer or provider regarding the requirements of this Section.28
>
> What other issues are relevant to the
> determination of obligations of, and
> prospective guidelines for, these various
> entities? What does it mean to be a "provider
> of applications or services" as that term is
> used in this Section? Can technical standards
> be used as safe harbors for compliance? If
> there are safe harbor technical standards, to
> what extent should they be informed by the
> proposed Access Board guidelines on Section 508 of the Rehabilitation Act?29
>
>III. OTHER MATTERS AFFECTING IMPLEMENTATION OF SECTION 716
> 1. Applicability of Section
> 255. Section 716(f) prohibits the requirements
> of Section 716 from applying to equipment and
> services including interconnected VoIP
> services, that are subject to Section 255 of
> the Communications Act before enactment of the
> Accessibility Act.30 We seek comment on how to
> address the accessibility obligations of
> equipment that is used to provide both
> telecommunications and advanced communications
> services. For example, to what extent should
> smart phones that have voice, text, and video
> capability - i.e., some functions that fall
> under Section 255 and others that are subject
> to Section 716 - be subject to the readily
> achievable standard of Section 255 or the
> achievable standard of Section 716? We also
> seek comment on how to treat interconnected
> VoIP service, which now is covered by Sections 255 and 716.
>
> 2. Waivers. Section 716(h) allows the
> Commission to waive the requirements of Section
> 716 for any feature or function of equipment,
> or for any class of equipment, that is designed
> primarily for purposes other than using
> advanced communications services.31 The
> Commission also may exempt small entities from
> the requirements of Section 716.32 What
> factors are relevant to these waiver
> determinations? Are there any specific classes
> of equipment or services that warrant
> categorical waivers? Under what circumstances
> should small entities be exempt from these requirements?
>
> 3. Rule of Construction. Section
> 716(j) provides that Section 716 shall not be
> construed to require manufacturers or providers
> of advanced communications services "to make
> every feature and function of every device or
> service accessible for every
> disability."33 How should this requirement
> affect implementation? Would the requirement
> that the Commission adopted in the Section 255
> rulemaking that manufacturers and service
> providers consider the extent to which
> accessibility features are available on every
> product and service, rather than more generally
> across product lines,34 be consistent with this rule of construction?
>
> 4. Other issues. Are there other
> issues, for example, regarding limitations on
> liability in Section 2 of the Act, the
> prohibition against proprietary technology in
> Section 3 of the Act, and the exclusion of
> customized equipment and services that are not
> offered to the public in new Section 716(i),
> that should affect implementation of Section
> 716? We seek comment on each of these new provisions.
>
>IV. SECTION 717 REQUIREMENTS
> Section 717 requires the Commission to
> adopt rules that facilitate the filing of
> formal and informal complaints alleging a
> violation of Sections 255, 716, or 718 and to
> establish procedures for enforcement actions by
> the Commission with respect to such violations,
> within one year of enactment of the
> law.35 Section 717 also requires manufacturers
> and service providers subject to Sections 255,
> 716, and 718 to maintain records of efforts
> taken to implement the requirements of these
> Sections.36 Such records are to be kept in
> the ordinary course of business and must
> include: (1) information about the
> manufacturer's or provider's efforts to consult
> with individuals with disabilities; (2)
> descriptions of the accessibility features of
> its products and services; and (3) information
> about the compatibility of such products and
> services with peripheral devices or specialized
> CPE commonly used by individuals with
> disabilities to achieve access.37 We seek
> comment on this requirement, including the
> types of records that should be maintained for
> each of these categories of information. We
> also seek comment on possible enforcement procedures.
>
>V. SECTION 718 REQUIREMENTS
> Section 718 provides that if a
> manufacturer includes an Internet browser in a
> telephone used with public mobile services, or
> if a provider of mobile services arranges for
> the inclusion of a browser in telephones sold
> to customers, the manufacturer or provider must
> ensure that the functions of the browser are
> accessible to and usable by individuals who are
> blind or have a visual impairment, unless doing
> so is not achievable.38 A manufacturer or
> service provider may comply with this
> requirement by incorporating such access into
> the telephone or service itself, or may rely on
> third party applications, peripheral devices,
> software, hardware, or CPE that is available to
> individuals with disabilities at nominal cost,
> and that individuals with disabilities can
> access. 39 We seek comment on the extent to
> which the requirements of Section 718 affect
> how to interpret and implement any of the requirements in Section 716.
>
>VI. FILING REQUIREMENTS
> Comments and Replies. Pursuant to
> sections 1.415 and 1.419 of the Commission's
> rules,40 interested parties may file comments
> and reply comments on or before the dates
> indicated on the first page of this
> document. Comments may be filed using: (1)
> the Commission's Electronic Comment Filing
> System ("ECFS"), (2) the Federal Government's
> eRulemaking Portal, or (3) by filing paper copies.41
>* Electronic Filers: Comments may be filed
>electronically using the Internet by accessing
>the ECFS: http://www.fcc.gov/cgb/ecfs/ or the
>Federal eRulemaking Portal: http://www.regulations.gov.
>* Paper Filers: Parties who choose to file by
>paper must file an original and four copies of
>each filing. If more than one docket or
>rulemaking number appears in the caption of this
>proceeding, filers must submit two additional
>copies for each additional docket or rulemaking number.
>Filings can be sent by hand or messenger
>delivery, by commercial overnight courier, or by
>first-class or overnight U.S. Postal Service
>mail. All filings must be addressed to the
>Commission's Secretary, Office of the Secretary,
>Federal Communications Commission.
>o All hand-delivered or messenger-delivered
>paper filings for the Commission's Secretary
>must be delivered to FCC Headquarters at 445
>12th St., SW, Room TW-A325, Washington, DC
>20554. All hand deliveries must be held
>together with rubber bands or fasteners. Any
>envelopes must be disposed of before entering
>the building. The filing hours are 8:00 a.m. to 7:00 p.m.
>o Commercial overnight mail (other than U.S.
>Postal Service Express Mail and Priority Mail)
>must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
>o U.S. Postal Service first-class, Express, and
>Priority mail must be addressed to 445 12th Street, SW, Washington DC 20554.
> Availability of Documents. Comments,
> reply comments, and ex parte submissions will
> be available for public inspection during
> regular business hours in the FCC Reference
> Center, Federal Communications Commission, 445
> 12th Street, S.W., CY-A257, Washington, D.C.,
> 20554. These documents will also be available
> via ECFS. Documents will be available
> electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.
> Accessibility Information. To request
> information in accessible formats (computer
> diskettes, large print, audio recording, and
> Braille), send an e-mail to fcc504 at fcc.gov or
> call the FCC's Consumer and Governmental
> Affairs Bureau at (202) 418-0530 (voice), (202)
> 418-0432 (TTY). This document can also be
> downloaded in Word and Portable Document Format (PDF) at: http://www.fcc.gov.
>Additional Information. For further
>information, contact David Hu, Wireless
>Telecommunications Bureau, at 202-418-7120 and
>Karen Peltz Strauss, Consumer and Governmental Affairs Bureau at 202-418-2388
>
>1 Twenty-First Century Communications and Video
>Accessibility Act of 2010, Pub. L. No. 111-260,
>124 Stat. 2751 (2010) (as codified in various
>sections of 47 U.S.C.). The law was enacted on
>October 8, 2010 (S. 3304, 111th Cong.). See
>also Amendment of Twenty-First Century
>Communications and Video Accessibility Act of
>2010, Pub. L. 111-265, 124 Stat. 2795 (2010),
>also enacted on Oct. 8, 2010 to make technical
>corrections to the Twenty-First Century
>Communications and Video Accessibility Act of
>2010 and the amendments made by that Act.
>2 Pub. L. No. 111-260, § 104 (adding new
>Sections 716, 717, and 718 to Title VII of the
>Communications Act of 1934, as amended, to be
>codified as 47 U.S.C. §§ 617, 618,
>619). Hereinafter, we shall use the terms "the
>Communications Act" when referring to "the
>Communications Act of 1934, as amended."
>3 See new Section 716(e)(1) of the
>Communications Act, to be codified as 47 USC §
>617(e)(1) (requiring the promulgation of rules within one year).
>4 47 U.S.C. § 255; See 47 C.F.R. §§ 6.1 et
>seq. Section 255 requires all manufacturers of
>telecommunications equipment and providers of
>telecommunications services to ensure that such
>equipment and services are designed and
>developed to be accessible to and usable by
>individuals with disabilities, if readily achievable.
>5 Pub. L. No. 104-104, 110 Stat. 56 (1996).
>6 See supra note 2 and 47 U.S.C. § 255.
>7 Although new Section 718 of the Communications
>Act, to be codified as 47 U.S.C. § 619, will not
>take effect for three years after the date of
>enactment, seeking comment on this Section now
>will afford manufacturers and service providers
>an opportunity to provide early input into this
>Section's implementation, and make the necessary
>arrangements to achieve compliance by the time this provision goes into effect.
>8 See new Sections 716(a)(1) and 716(b)(1) of
>the Communications Act, to be codified as 47
>U.S.C. §§ 617(a)(1) and 617(b)(1).
>9 Pub. L. No. 111-260, § 101(1) (amending
>Section 3 of the Communications Act).
>10 47 C.F.R. § 9.3.
>11 Pub. L. No. 111-260, § 101(1) (adding new
>Section 3(58) to the Communications Act, to be
>codified as 47 U.S.C. § 153(58)).
>12 Id. (adding new Section 3(56) to the
>Communications Act, to be codified as 47 U.S.C. § 153(56)).
>13 Id. (adding new Section 3(59) to the
>Communications Act, to be codified as 47 U.S.C. § 153(59)).
>14 Pub. L. No. 111-260, § 104 (adding new
>Section 716(g) of the Communications Act, to be
>codified as 47 U.S.C. § 617(g))
>15 Id.
>16 See 47 U.S.C. § 255(a)(2); 47 C.F.R. § 6.3(h).
>17 See new Sections 716(a)(2)(A) and (b)(2)(A)
>of the Communications Act, to be codified as 47
>U.S.C. §§ 617(a)(2)(A) and (b)(2)(A).
>18 See new Sections 716(a)(2)(B) and (b)(2)(B)
>of the Communications Act, to be codified as 47
>U.S.C. §§ 617(a)(2(B)) and (b)(2)(B).
>19 See new Section 716(c) of the Communications
>Act, to be codified as 47 U.S.C. § 617(c).
>20 New Section 716(d) of the Communications Act,
>to be codified at 47 U.S.C. § 617(d).
>21 47 U.S.C. § 251(a)(2). Section 251(a)(2)
>imposes on telecommunications carriers the duty
>"not to install network features, functions or
>capabilities that do not comply with the
>guidelines and standards established pursuant to section 255 or 256." Id.
>22 New Section 716(e)(1)(A) of the
>Communications Act, to be codified at 47 U.S.C. § 617(e)(1)(A).
>23 See United States Access Board, Draft
>Information and Communication Technology (ICT)
>Standards and Guidelines, (March 2010) at 80,
>("Access Board Draft Guidelines"),
>http://www.access-board.gov/sec508/refresh/draft-rule.pdf.
>Under Section 255(e) of the Communications Act,
>the Access Board is required to update
>guidelines for the accessibility of
>telecommunications equipment and customer
>premises equipment. 47 U.S.C. § 255 (e).
>Accordingly, these Access Board proposals also
>included recommendations for updating the
>Section 255 guidelines. Such proposals would be
>relevant to this proceeding to the extent that
>they address access by interconnected VoIP
>service providers and equipment used with interconnected VoIP services
>24 Access Board Draft Guidelines at 80-82.
>25 New Section 716(e)(1)(B) of the
>Communications Act, to be codified at 47 U.S.C. § 617(e)(1)(B).
>26 New Section § 716(e)(1)(C) of the
>Communications Act, to be codified at 47 U.S.C. § 617(e)(1)(C).
>27 New Section 716(e)(1)(D) of the
>Communications Act, to be codified at 47 U.S.C. § 617(e)(1)(D).
>28 New Section 716(e)(2) of the Communications
>Act, to be codified at 47 U.S.C. § 617(e)(2).
>29 See supra note 22.
>30 New Section 716(f) of the Communications Act,
>to be codified at 47 U.S.C. § 617(f).
>31 New Section 716(h)(1) of the Communications
>Act, to be codified at 47 U.S.C. § 617(h)(1).
>32 New Section 716(h)(2) of the Communications
>Act, to be codified at 47 U.S.C. § 617(h)(2).
>33 New Section 716(j) of the Communications Act,
>to be codified at 47 U.S.C. § 617(j).
>34 See Implementation of Sections 255 and
>251(a)(2) of the Communications Act of 1934, as
>enacted by the Telecommunications Act of 1996,
>WT Docket No. 96-198, Report and Order and
>Further Notice of Inquiry, 16 FCC Rcd. 6417,
>6440-41 ¶49 (Sept. 29, 1999) (Report and Order),
>published at 65 Fed. Reg. 63235, November 19, 1999
>35 New Section 717(a) of the Communications Act,
>to be codified at 47 U.S.C. § 618(a).
>36 New Section 717(a)(5) of the Communications
>Act, to be codified at 47 U.S.C. § 618(a)(5).
>37 New Section 717(a)(5)(A) of the
>Communications Act, to be codified at 47 U.S.C. § 618(a)(5)(A).
>38 New Section 718(a) of the Communications Act,
>to be codified at 47 U.S.C. § 619(a).
>39 New Section 718(b) of the Communications Act,
>to be codified at 47 U.S.C. § 619(b).
>40 See 47 C.F.R. §§ 1.415, 1419.
>41 See Electronic Filing of Documents in
>Rulemaking Proceedings, GC Docket No. 97-113,
>Report and Order, 13 FCC Rcd 11322 (1998).
>??
>
>??
>
>??
>
>??
>
>2
>
>
>2
>
>
> PUBLIC NOTICE
>
>
>
>
>
>2
>
>
>7
>
>
> PUBLIC NOTICE
More information about the BlindTlk
mailing list