The report language on the broadband/telecom bill, H.R. 5252.SR (was S. 2686) filed Friday. One of the most positive things to come out of the report language is that they utilized most of the comments and language put together by disability advocates. However, the bill is still not assured passage. The Congressional Budget Office came back with a price tag of $5.2 billion as opposed to the original $5 billion which has made some legislators wary. However, part of that is due to the fact that the estimated income from spectrum sales was low-balled. Supporting Congress members are challenging the figures. The battle isn't over yet and on a positive note, at the very least we know that if it does not pass, we can use this report as a basis for returning next year. Rather than link the entire 285 page document, please find the pertinent passages below:
On page 17, under section 213, the report language for the new section 715(b) reads:
New section 715(b) would extend the rights, obligations and duties of sections 225, 255 and 710 to IP-enabled voice service providers and manufacturers of IP-enabled voice service equipment. As new Internet technologies change the way our nation communicates and receives information, people with disabilities will be presented with new opportunities to enhance their independence and productivity provided that safeguards are put into place to ensure that these individuals are able to access these technologies to the same extent as non-disabled Americans. This section would ensure that IP-enabled technologies incorporate features that permit disability access, while these technologies are still being developed, rather than later, when retrofitting them could become burdensome and expensive.
On pages 42 and 43, under section 702, the new report language reads: Section 702 would ratify the FCC's video description rules for the blind that were overturned by the United States Court of Appeals for the District of Columbia Circuit and would require the FCC, within 45 days after the date of enactment, to republish such rules and authorize it to amend, repeal or otherwise modify such rules. This section would also require the FCC to initiate a proceeding within 120 days after enactment to consider incorporating accessible information requirements in its video description rules and to complete that proceeding within 1 year. The section would also require the FCC to extend the video description rules to digital broadcast programming and video programming as defined in section 602(23) of the Communications Act, as appropriate in the public interest.
Although this section states that the Commission may amend, repeal or otherwise modify such rules, it is not intended that these rules be repealed in their entirety. Rather, certain rules may need to be repealed to the extent that they pertain to the transmission of analog television programming, after the transition to digital television programming is completed in 2009. For example, reliance on use of the secondary audio program channel or analog-based video descriptions may be replaced with rules that more appropriately apply to the digital television environment.
We will continue to monitor the situation and provide further information on H.R. 5252's negotiations and legislative movement as it becomes available.
Day Al-Mohamed
Director of Advocacy and Governmental Affairs
American Council of the Blind
1155 15th St. NW
Washington DC 20005
Tel. 202-467-5081
dalmohamed@acb.org