[NFB-DB] Senator Markey, Rep. Eshoo Introduce Legislation to Ensure Accessibility of Video, Communication, and Emerging Technologies

[Scott Davert]

Passing along FYI.

Washington (November 17, 2022) – Senator Edward J. Markey (D-Mass.), a
member of the Commerce, Science, and Transportation Committee and
author of the 21st Century Communications and Video Accessibility Act
(CVAA), and Representative Anna G. Eshoo (CA-18), senior member of the
House Energy and Commerce Committee, today introduced the
Communications, Video, and Technology Accessibility Act (CVTA). The
CVTA updates and amends the CVAA to keep pace with the proliferation
of emerging technologies that have come online since Senator Markey’s
2010 bill was passed with bipartisan support, and will ensure that
people with disabilities have full access to the range of mainstream
communication products and services that are necessary to participate
equally in professional, educational, recreational, and civic
contexts, while laying a foundation for accessibility in future
technologies.
“Since I authored the 21st Century Communications and Video
Accessibility Act, technologies have changed. What hasn’t changed is
our obligation to make sure that everyone – including people with
disabilities – has equal access to the services and technologies they
need to thrive,” said Senator Markey. “That is why I am introducing
the Communications, Video, and Accessibility Technology Act, to update
current laws on the books so that we can meet the technological moment
and ensure opportunity, independence, and equal access for all.”
“As technology has rapidly evolved over the last two decades, much of
our economy and day-to-day lives have moved online. Unfortunately,
accessibility standards have stayed largely the same, leaving people
with disabilities behind. In 2020, 38% of people who were blind or had
low vision reported issues with at least one of the technologies
needed to do their jobs, and in 2021 as many as 70% of students who
are deaf or hard of hearing reported technology challenges in the
educational environment,” said Rep. Eshoo. “I’m proud to introduce
legislation with Senator Markey to update current laws so people with
disabilities have full access to modern technology that is necessary
to participate equally in the 21st century.”
“Accessibility means equal opportunity to create, participate, and
communicate—and promoting accessible technology is an important part
of our agency’s mission,” said FCC Chairwoman Jessica Rosenworcel. “To
do so effectively we need to keep up with emerging technologies. This
legislation will help us do just that, by ensuring that people with
disabilities have full access to communication products and services
that are necessary to participate equally in today’s world, while
laying a foundation for accessibility in future technologies.”
Senators Sheldon Whitehouse (D-R.I.), Elizabeth Warren (D-Mass.),
Bernie Sanders (I-Vt.), Ron Wyden (D-Ore.), and Tammy Duckworth
(D-Ill.) are cosponsors.

Since Congress enacted the CVAA in 2010, accessibility requirements
for people with disabilities have not kept pace with changing
technologies. As a result, individuals with disabilities do not have
full access to many communication and video tools that are essential
today. For example, the majority of video programming lacks audio
descriptions for people who are blind or low vision, accuracy issues
plague closed captioning on both online and televised video
programming for people who are deaf or hard of hearing, video
conferencing services do not have adequate functionality for people
with disabilities, and deaf individuals who use sign language face
significant barriers to access emergency services.
To address these and other issues, the CVTA would:
1.	Improve and expand closed captioning and audio description
standards for television programming and online video streaming
platforms to ensure that people with disabilities have equitable
access to the wide range of programming available to the general
public;
2.	Update current requirements to ensure viewers can easily activate
and select preferred settings for closed captions and audio
description on their video programming devices, such as televisions,
smart phones, laptops, and tablets;
3.	Improve access to video programming for people who are deaf and use
sign language;
4.	Empower the FCC to ensure accessibility regulations keep pace with
emerging technologies, including artificial intelligence and augmented
or virtual reality platforms.
The Communications, Video, and Technology Accessibility Act is
endorsed by Access Living, Access Ready, American Council of the
Blind, American Foundation for the Blind, Association of Assistive
Technology Act Programs, Blinded Veterans Association,
CommunicationFIRST, Carroll Center for the Blind, Communication
Service for the Deaf, Hearing Loss Association of America, National
Association of the Deaf, National Federation of the Blind,
Telecommunications for the Deaf and Hard of Hearing Inc., Perkins
School For The Blind, and United Spinal Association.
“For people with disabilities, accessible information and
communication technology is a necessity, not a luxury or convenience,
that fosters independence, economic self-sufficiency, and active,
meaningful participation in civic life,” said Douglas George Towne,
Chairman and CEO of Access Ready. “Access Ready is proud to endorse
this legislation to build on the achievements of the CVAA to open up,
protect, expand, and improve existing and emerging information and
communication technologies to all people with disabilities,” said Doug
Towne, Chair and CEO, Access Ready.
"With telecommunication accessibility standards lagging technology
advances, I am not surprised the unemployment rate for blind and
visually impaired persons of working age remains close to 70 percent.
The CVTA Act will help address this lag by filling in the gaps and
helping ensure that people with disabilities have full access to the
range of mainstream communication products and services that are now
necessary to participate equally in employment such as video
conferencing.  Most significantly, it will provide a proactive
solution by laying a foundation for accessibility in future
technologies. The Blinded Veterans Association thanks Senator Markey
and Congresswoman Eshoo for their leadership by sponsoring this vital
legislation," said James Vale, National Service Director, Benefits &
Policy, Blinded Veterans Association
“The 21st Century Communications and Video Accessibility Act of 2010
laid the foundation for accessible technology and inclusive media for
people who are blind, low vision, and Deafblind. Thanks to the CVAA,
people who are blind, low vision, and Deafblind have access to
accessible telecommunications technology, mobile web browsers, and
accessible video content. Since the CVAA was signed into law, we have
witnessed unparalleled technological innovation and widespread
adoption of new communications and video distribution models, by
content creators and consumers alike. For these reasons, it is
necessary for Congress to reaffirm our nation’s commitment to
accessible communications and video technologies. The American Council
of the Blind commends Sen. Markey and Rep. Eshoo for introducing the
Communications, Video, Technology Accessibility Act,” said Eric
Bridges, Executive Director, ACB. “Once passed, the CVTA will ensure
that critical communications technologies are accessible to people who
are blind, low vision, and Deafblind and reiterate our nation’s
commitment to accessible media and video content, regardless of how or
where it is viewed by consumers.”
“The 21st Century Communications and Video Accessibility Act of 2010
catalyzed more than a decade of substantial improvements in access to
telecommunications services and video programming. However, there is
still a long way to go before people who are blind, deafblind, or have
low vision can watch any program with the same access as people
without disabilities and fully access new and emerging communications
services. We urge Congress to keep this progress going by passing the
Communications, Video, and Technology Accessibility Act of 2022,” said
Stephanie Enyart, Chief Public Policy and Research Officer, American
Foundation for the Blind.
“The Carroll Center for the Blind is the foremost leader in vision
rehabilitation services for individuals confronted by the challenges
of vision loss and often other disabilities. With the rapid
advancement of emerging technologies, we witness everyday how critical
it is to ensure that today’s tools, systems and devices are accessible
and inclusive to all.  For those with disabilities, accessible
technology is essential for success in their day-to-day-lives, whether
in school, work, home, and community. The Carroll Center for the Blind
proudly endorses and applauds the CVTA bill that will undoubtedly
further ensure an inclusive world for all,” said Greg Donnelly,
President and CEO, The Carroll Center for the Blind.
“CommunicationFIRST deeply thanks Senator Edward Markey and
Representative Anna Eshoo for authoring and introducing the
Communications, Video, and Technology Accessibility Act. The bill
strengthens current laws by assuring ALL people with disabilities have
full access to the range of communication products and services needed
to participate equally in every facet of life. It will also lay a
foundation for accessibility in future technologies. The bill tasks
the Federal Communications Commission together with the U.S. Access
Board on identifying and pursuing solutions to ensure that new and
emerging communications and video technology and services are
accessible to all people with disabilities, including individuals who
use augmentative and alternative communication devices to effectively
communicate. Thanks to Senator Markey and Representative Eshoo’s
leadership, this bill would ensure access to the same technology and
services most take for granted a reality for those of us who rely on
AAC, ” said Bob Williams, Policy Director, CommunicationFIRST.”
“Communication Service for the Deaf, the largest non-profit
organization in the US devoted to serving deaf communities, stands
fully behind these amendments to the 21st Century Communications and
Video Accessibility Act (CVAA). The CVAA has gone a long way toward
achieving communication equity and digital inclusivity, but must be
made contemporaneous if its intended spirit is to be fully realized.
The race to introduce new technologies often happens without the
disability community’s participation, negatively impacting the
quality-of-life for this population,” said Christopher Soukup, CEO,
Communication Service for the Deaf. “The Video, Communications, and
Technology Accessibility Act will ensure that no one is left behind,
effectively close critical gaps in communication and video programming
technologies that have occurred over the past 12 years, and enable all
Americans with disabilities to benefit equally as new innovations are
developed.”
“Hearing Loss Association of America (HLAA) commends Senator Edward
Markey and Representative Anna Eshoo for their leadership in
introducing the Communications, Video, and Technology Accessibility
Act (CVTA),” said Barbara Kelley, Executive Director, Hearing Loss
Association for America (HLAA). “This update to the groundbreaking
21st Century Communications and Video Accessibility Act takes into
account how rapidly technology is changing. For example, CVTA will
ensure people will have access to video conferencing platforms with
built-in accessibility features, such as automatic captioning
functions that will allow people with hearing loss to be fully part of
the conversation. That's real progress.”
“Since the original 21st Century Communication and Video Accessibility
Act (CVAA) was passed in 2010, there have been incredible advances in
technology and telecommunications that require updates in the law to
ensure equal access for everyone, including Deaf, DeafBlind,
DeafDisabled, and Hard of Hearing people. The proposed bill includes
new language that continues to improve on captioning of Internet
streaming videos and adds visual access to sign language interpreting
on television and other video formats. We urge immediate passage of
this bill so that no one is left behind with each innovation,” said
Howard A. Rosenblum, CEO, National Association of the Deaf.
“As video content, online communication, and digital technology play
an ever-increasing role in all of our lives, it is critical that
accessibility regulations keep pace with this rapidly evolving
landscape,” said Mark Riccobono, President, National Federation of the
Blind. “These regulations must include the promotion of audio
description and captioning, and the ability to easily access these
services, across all platforms and devices. Audio description and
captioning provide blind and deafblind people with equal access not
only to education and employment but also to culture and
entertainment. Access to our culture is no less crucial, since it
allows us all to participate in the national and global conversation
and is therefore part of our ultimate goals of full integration and
living the lives we want. We therefore commend Senator Markey and
Congresswoman Eshoo for this forward-thinking legislation, and we urge
their colleagues to work with them — and with the blind, deafblind,
and disabled communities — toward its ultimate passage.”
"The Communications and Video Technology Accessibility Act (CVTA) is
ground-breaking legislation that will empower people with disabilities
to communicate effectively in all aspects of their lives. I applaud
Senator Ed Markey and Representative Anna Eshoo for their leadership
in championing this legislation that will help ensure that the Federal
Communications Commission continues to protect access to evolving
technologies for all people with disabilities. As a long time
disability rights advocate and in my current role working with
Voiceitt Inc., a company that has achieved a breakthrough and
affordable Artificial Intelligence speech generation technology, I
look forward to working with the disability community, Congress,
Federal agencies, and the private sector so that everyone with a
speech disability, atypical speech, or non-standard speech will be
able to communicate independently and be understood by others,” said
Ralph G. Neas, former Executive Director, Leadership Conference on
Civil and Human Rights; incoming board member and Senior Strategy
Advisor to the CEO, Voiceitt, Inc.
“The 21st Century Communications and Video Accessibility Act (CVAA) of
2010 was a historical landmark law that strengthened accessibility in
Information and Communications Technology (ICT); however, as
technology continued to rapidly evolve, so has accessibility barriers
for people with disabilities which has created a digital inequity gap.
The Amendment toward CVAA is a critical lever to address those
barriers and in achieving digital inclusion and equity,” said Thomas
Horejes, Director for Policy & Advocacy, TDI.
“As more and more of our daily lives are conducted through
communications and video technologies, truly equitable access for all
people with disabilities is non-negotiable. The Communications, Video,
and Technology Accessibility Act of 2022 will help ensure that more
people with disabilities are able to achieve the full benefit of these
critical services,” said Dave Power, President & CEO, the Perkins
School for the Blind in Watertown, MA. “We applaud Senator Markey and
Representative Eshoo for recognizing the wide range of disabilities
that can impact communication access and strengthening the iCanConnect
Program to allow individuals with cortical/cerebral visual impairment
and auditory processing disorders to access the assistive technology
they need.”
“The CVTA represents a landmark step toward equitable access for
video, communications, and technology for a wide range of communities
of people with disabilities. The Samuelson-Glushko Technology Law &
Policy Clinic is proud to have contributed to the drafting of the bill
on behalf of our client, Telecommunications for the Deaf and Hard of
Hearing, Inc. (TDI), and is grateful for the opportunity to
collaborate with the bill’s broad coalition of advocates,” said Blake
E. Reid, Director, Samuelson-Glushko Technology Law & Policy Clinic.