I am looking forward to the legislative seminar next month, as it will be my first as a member of the ACB team. Below is a brief description of the imperatives that we will cover during the seminar. More information will be disseminated in the coming weeks.
On February 17, 2009, the entire country will transition to digital television. The COAT draft legislation seeks to insure that video description is not only mandated but that it is available for pass-through in the digital era.
Many of us have encountered challenges over the past few years with detecting the movement of hybrids and other quiet vehicles. ACB has crafted proposed legislative language that calls for federal research to be conducted to provide and implement recommendations that would increase blind pedestrian safety on streets and sidewalks.
The blindness community has been waiting for the Department of Justice as part of its update of the ADA to propose regulations to those public accommodations which only conduct business via the web or offer services via the web that are not similarly offered at their physical places of business, such as retail stores. The Office of Management and Budget has recently rejected DOJ's proposed regulatory language concerning this very issue. Given this rejection, ACB is seeking a legislative solution.
ACB is working with a coalition of organizations to arrange a briefing for members of Congress and their staff regarding the hot issues of the day within the program and to provide a better explanation of what Randolph- Sheppard does to positively benefit individuals who are blind or visually impaired.
On December 21 the House Energy and Commerce Committee elected to make public draft legislative language that the Coalition of Organizations for Accessible Technology (COAT) had negotiated with committee staff over the past several months. While this draft legislation has been made public, it has not been formally introduced and does not have a bill number.
A summary of the language pertaining to video description and accessible user interfaces appears below. This is a positive step in what we hope are several legislative advancements regarding these issues. There will be more information to come, so stay tuned.
Sec. 202. This section reinstates the FCC's modest regulations on video description. Those rules, originally promulgated in 2001, were struck down by a U.S. Court of Appeals. It authorizes the FCC to promulgate additional rules to (1) ensure that video description services can be transmitted and provided over digital TV technologies, (2) ensure that digital TV equipment can make available the delivery and use of video description, (3) require non-visual access to on-screen emergency warnings and similar televised information, and (4) increase the amount of video description required. It also adds a definition for video programming to include programming distributed over the Internet. This section is intended to ensure the continued accessibility of video programming to Americans with disabilities, as this programming migrates to the Internet.
User Interfaces. Sec. 203. This section requires devices used to receive or display video programming, including devices used to receive and display Internet-based video programming, to be accessible by people with disabilities so that such individuals are able to access all functions of such devices (such as turning these devices on and off, controlling volume and selecting programming). It contains requirements for (1) audio output where on-screen text menus are used to control video programming functions, and (2) a conspicuous means of accessing closed captioning and video description, including a button on remote controls and first-level access to these accessibility features when made available through on-screen menus.
Access Video Programming Guides and Menus. Sec. 204 This section requires multichannel video programming distributors to make their navigational programming guides accessible to people who cannot read the visual display, so that these individuals can make program selections.
On Nov. 19, a three-judge panel from the United States Court of Appeals, District of Columbia Circuit, heard oral arguments in ACB's suit against the United States Treasury Department. Presentations were made by lawyers for both the Treasury Department and ACB in defense of the positions they had previously taken in their written briefs. The judges peppered the lawyers with questions throughout the proceeding. A brief statement was also made by an attorney representing the National Federation of the Blind, who asserted that blind people already have access to United States currency and that the government has begun to take steps to make it more distinguishable by people with low vision. Therefore, access is not a problem, and besides, this issue is not that important to their membership.
As usual, Jeff Lovitky, arguing ACB's case, did an admirable job in setting forth our position that people who are blind do not currently have meaningful access to U.S. currency, that the decision of the District Court was appropriate, and that we need a court order that will result in the Treasury Department having to come up with a plan for addressing the accessibility issues surrounding paper currency.
At this point, we are engaged in another waiting game. Lovitky estimated that it could take as long as six months to get the decision from the Circuit Court. We will advise you as soon as we hear anything further on the subject.