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

Patricia A. Lipovsky plipovsky at cfl.rr.com
Tue Mar 8 02:03:15 GMT 2011


----- 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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