Twenty-first Century Communications and Video Accessibility Act of 2010 Rosaline Crawford National Association of the Deaf Coalition of Organizations for Accessible Technology November 17, 2010

Overview  Coalition of Organizations for Accessible Technology (COAT)  Twenty-first Century Communications and Video Accessibility Act of 2010  Focus on Video Programming Captioning

Coalition of Organizations for Accessible Technology (COAT)  Over 300 national, state, and community-based organizations.  Advocates for legislative and regulatory safeguards to ensure full access by people with disabilities.  Access ensures equal opportunities to education, employment, telecommunications, information, entertainment, etc.  Universal design benefits everyone – closed captioning, vibrating cell phones, talking caller ID, cell phones with audio output. 

Twenty-first Century Communications and Video Accessibility Act of 2010  Public Law  October 8, 2010  Title I – Communications  Title II – Video Programming  “Video programming” means programming by, or generally considered comparable to programming provided by a television broadcast station, but not including consumer-generated media

Video Programming Captioning Overview  Captioned video programming on television to be captioned when distributed over the Internet  Apparatus with screens of any size to be capable of displaying the closed captions  Recording and playback equipment to be capable of transmitting closed captions for display  A mechanism that is reasonably comparable to a button, key, or icon designated for activating the closed captioning

Video Programming Advisory Committee  FCC to establish Video Programming and Emergency Access Advisory Committee (VPEAAC) within 60 days (by 12/8/10) (nominations closed 11/1/10)  VPEAAC initial meeting within 6 months (by 4/8/11)  VPEAAC to submit first report on closed captioning within 6 months after initial meeting (by 10/8/11)  VPEAAC to submit second report on video description, emergency information, user interfaces, and video programming guides and menus within 18 months after enactment (by 4/8/12)

Video Programming Advisory Committee Captioning Report  VPEAAC first report to recommend: Deadlines for the provision of closed captioning over Internet protocol (IP) Technical capabilities needed to permit content providers/distributors, ISPs, software developers, and device manufacturers to provide IP closed captioning Regulations necessary to ensure compatibility between video programming delivered using IP and devices capable of receiving and displaying programming

Video Programming Captioning Rules  FCC to issue rules within 6 months of VPEAAC first report (by 4/8/12) for captioned programs shown on television after the effective date of the regulations, to contain captions when shown over the Internet  Establish appropriate schedule of captioning deadlines, considering prerecorded and edited, and live or near-live not edited programming for Internet distribution  Define “near-live programming” and “edited for Internet distribution”

Video Programming Captioning Rules  FCC may waive or delay compliance for live programming, if economically burdensome  May provide exemptions for certain programming or equipment, if deemed economically burdensome  FCC must act on requests for exemption within 12 months of receipt

Video Programming Captioning Rules  Clarify that distributors and providers include entities that make video programming over IP available directly to the end user  Describe responsibilities of video programming providers or distributors and owners  Establish mechanism to inform providers and distributors about covered video programming on an ongoing basis

Video Programming Captioning Rules  Consider providers and distributors in compliance if they enable the rendering or pass through of closed captions, and make a good faith effort to identify covered video programming using the established mechanism  De minimis (relatively insignificant) failure permitted  Alternate means of compliance permitted

Video Programming Equipment Captioning Requirements  FCC to issue rules within 18 months of VPEAAC second report (by 10/8/13)  Requires video programming apparatus with screens smaller than 13 inches to have circuitry or capability to display closed captions, if achievable  Covers recording devices so viewers can turn closed captions on/off when played back, if achievable  Covers interconnection mechanisms and standards for digital video source devices

Video Programming Equipment Captioning Requirements  Apparatus with display-only video monitors with no play-back capability are exempt  FCC may waive Equipment primarily designed for other activities Equipment designed for multiple purposes where essential utility is derived from other purposes  Alternate means of compliance permitted

Video Programming Equipment Caption Button, Key, or Icon  FCC to issue rules within 18 months of VPEAAC second report (by 10/8/13)  Apparatus designed to receive or play back digital video programming, including IP, must enable activating closed captioning through a designated mechanism that is reasonably comparable to a button, key, or icon  Alternate means of compliance permitted  Grants minimum 2-year waiver, from date of final rules, for mobile DTVs

Video Programming Equipment Caption Button, Key, or Icon  FCC to issue rules within 18 months of VPEAAC second report (by 10/8/13)  Navigation devices (set-top boxes) with closed captioning capability must enable activating closed captioning through a designated mechanism that is reasonably comparable to a button, key, or icon  Permits maximum flexibility to achieve compliance  Provides minimum of 2 years after adopting regulations to comply  Applies only to navigation devices manufactured or imported after the effective date

Contact Information Rosaline Crawford National Association of the Deaf