[Nfbf-l] Fw: FCC Proposes to Update Rules Allowing Accessibility toAdvanced Communications to 54 Million Consumers with Disabilities

Kirk kvharmon54 at gmail.com
Tue Mar 8 02:10:25 UTC 2011


Carlos, this is wonderful news! Thanks for getting out the word to all of 
us! Your friend in the cause, Kirk


----- Original Message ----- 
From: "Carlos J MontasAS" <carlos.montas at gmail.com>
To: "NFB of Florida Listserv" <nfbf-l at nfbnet.org>
Sent: Monday, March 07, 2011 6:54 PM
Subject: [Nfbf-l] Fw: FCC Proposes to Update Rules Allowing Accessibility 
toAdvanced Communications to 54 Million Consumers with Disabilities


FCC Proposes to Update Rules Allowing Accessibility to Advanced 
Communications to 54 Million Consumers with DisabilitiesJust passing this 
information along.
----- Original Message ----- 
From: White House Disability Group
To: carlos.montas at gmail.com
Sent: Monday, March 07, 2011 4:58 PM
Subject: FCC Proposes to Update Rules Allowing Accessibility to Advanced 
Communications to 54 Million Consumers with Disabilities


Please circulate so everyone will have a chance to participate in the 
process.


Washington, D.C. – As part of its ongoing efforts to implement the 
“Twenty-First Century Communications and Video Accessibility Act of 2010” 
(CVAA), the Federal Communications Commission issued three Notices of 
Proposed Rulemaking (NPRMs).  The CVAA is considered the most significant 
piece of accessibility legislation since the passage of the Americans with 
Disabilities Act in 1990.  The CVAA has modernized existing communications 
laws to ensure that people with disabilities are able to share fully in the 
economic, social, and civic benefits of broadband and other 21st century 
communication technologies.


The first of the three FCC CVAA-related NPRMs approved by the Commission 
seeks to ensure that the 54 million individuals with disabilities living in 
the United States are able to fully use advanced communications services, 
equipment and networks.  Section 255 of the Communications Act now requires 
telecommunications and interconnected VoIP manufacturers to provide such 
access.  The NPRM seeks to ensure that when Section 716 is implemented, it 
will fully complement Section 255.  Until now, people with disabilities 
often have not had full access to the benefits of rapid technological 
changes in advanced communications.  Wireless handsets have evolved into 
multi-media devices capable of accessing the Internet, sending e-mails or 
text messages, and enabling video conversations.


The Advanced Communications Services NPRM seeks comment on the following:

•         How should the FCC implement the requirements of Section 104 of 
the CVAA, which creates new sections 716 and 717 of the Communications Act? 
It is essential that the Commission ensure that manufacturers of “advanced 
communications services” (ACS) equipment make their devices and products 
accessible to people with disabilities. In certain cases where manufacturers 
cannot achieve compliance by making their products or services accessible, 
they must ensure that their equipment and services is compatible with 
assistive technologies used by people with disabilities.

•         Are there steps that the Commission should be taking to enhance 
its enforcement and recordkeeping procedures for manufacturers and 
providers, under Sections 255 and 716?  The CVAA directs the Commission to 
implement new procedures in this area under Section 717.

•         With section 718 taking effect in 2013, what steps can the 
Commission and stakeholders  take to ensure that ACS manufacturers and 
service providers are working to make mobile phone Internet browsers 
accessible to people who are blind or visually impaired?


The FCC approved a second NPRM that seeks comment on reinstatement and 
modification of the video description rules originally adopted by the 
Commission in 2000.  Video description is the insertion of audio-narrated 
descriptions of a television program's key visual elements into natural 
pauses in the program's dialogue.  This feature makes television programming 
more accessible to people who are blind or visually impaired by providing 
them with essential information that is otherwise conveyed to the audience 
only visually.


This NPRM would reinstate the Commission’s video description rules that were 
previously overturned by the U.S. Court of Appeals more than a decade ago. 
The enactment of the CVAA in 2010 provided the Commission with ample 
authority for the reinstatement of these rules.


As directed by Congress in the CVAA, the proposed rules would require:

*     Large-market broadcast affiliates of the top four national networks 
and large multichannel video programming distributors (“MVPDs”) to provide 
video description;
*     These broadcasters to provide 50 hours per quarter of video-described 
primetime or children’s programming, with affected MVPDs providing the same 
amount on each of the five most popular non-broadcast networks; and
*     All network-affiliated broadcasters and all MVPDs to “pass through” 
any video description included in network or broadcast programming they 
carry.  Live or near-live programming would be exempt from the proposed 
rules.


Finally, the FCC approved a third NPRM to implement Section 103(b) of the 
CVAA, which mandates that the Commission extend participation in and 
contribution to the Telecommunications Relay Service (“TRS”) Fund to 
interconnected and non-interconnected Voice over Internet Protocol (“VoIP”) 
service providers.  Although interconnected VoIP service providers already 
contribute to the Fund under Commission rules, this would statutorily codify 
that practice, and further extend this obligation to non-interconnected 
providers. The TRS Fund compensates TRS providers for the costs of providing 
service to individuals with hearing and speech disabilities.


Contributions to the TRS Fund are calculated on the basis of annual 
interstate end-user telecommunications revenues.  There is a “safe harbor” 
provision that permits interconnected VoIP providers to calculate their 
contributions on the basis of actual revenues or a traffic study, or to rely 
on a “safe harbor” provision that allows them to consider 64.9% of their 
revenues to be interstate telecommunications revenues.


The TRS Fund NPRM seeks public comment on the following:

*     Should the safe harbor provision extend to non-interconnected VoIP 
providers?

*     What revenues should be included in calculating TRS contributions, 
i.e., just revenues from interstate end-user calls or revenues from all 
sources?

*     Should the FCC require VoIP providers that offer services for free and 
have zero end-user revenues to make any contributions to the TRS Fund?


Action by the Commission March 2, 2011, by Notice of Proposed Rulemaking 
(FCC 11-37, FCC 11-36, FCC 11-38) respectively.  Chairman Genachowski, 
Commissioners Copps, McDowell, Clyburn and Baker.  Separate Statements 
issued by Chairman Genachowski and Commissioner Copps. Docket Nos. CG 
10-213, MB 11-43, CG 11-47.

For more news and information about the FCC please visit: www.fcc.gov 
<http://www.fcc.gov/>

The White House · 1600 Pennsylvania Avenue, NW · Washington DC 20500 · 
202-456-1111
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