[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).
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