October 2013 — The Federal Communications Commission (FCC) released a Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) in the Matter of Accessibility of User Interface, and Video Programming Guides and Menus [MB Docket No. 12-108] and Accessible Emergency Information and Apparatus Requirements for Emergency Information and Video Description: Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010 [MB Docket No. 12-107]. The R&O adopts rules to implement Sections 204 and 205 of the CVAA which will enable people with visual or auditory disabilities to easily access accessibility features for video programming. Specifically, the R&O outlines that the rules specified in Section 205 apply to “navigation devices,” or those devices used to access multichannel video programming, and the rules specified in Section 204 apply to all other “digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound.” In ensuring accessibility of navigation devices and digital apparatus, Section 204 requires audio output for all essential functions, as defined by the VPAAC, needed for video reception and playback while also requiring a button, key, or icon for consumers to easily access closed captioning and video description. Similarly, Section 205 requires that the 11 VPAAC essential functions be accessible; however only nine of the 11 require audio output, and at this time, devices covered under Section 205 are required to have a button, key or icon to provide access for closed captioning only. The rules also require covered entities to inform consumers of the availability of accessible devices while also setting a three-year compliance deadline for covered entities.
The FCC seeks comment on the adoption of additional rules to define the term “usable” in relation to Section 204, and the possible benefits or costs of “imposing usability requirements.” Comments are also sought on whether rules should be adopted to require secondary audio streams, which may carry accessible public safety information, to be activated by a “mechanism reasonably comparable to a button, key or icon” and whether additional rues are needed to require manufacturers to provide information, documentation and training for consumers regarding accessibility features. Initial comments are due 60 days after publication in the Federal Register, and reply comments are due 90 days after publication in the Federal Register.
