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The Washington Connection 10-9-19

Welcome to the Washington Connection, the legislative and information service of the American Council of the Blind.  The Washington Connection is brought to you by the ACB national office. If you have any questions or comments on the information provided, don’t hesitate to contact us and ask to speak with Claire Stanley or Clark Rachfal.

The Washington Connection is updated any time we have new information to share with you. The following articles are available as of October 9, 2019. Messages 5, 6, 7 and 8 are new.

Thank you for calling the Washington Connection.

Call to Action! Tell Congress to Support H.R. 4129, and Provide Coverage for Low Vision Devices

 

Representatives Carolyn Maloney (D-NY) and Gus Bilirakis (R-FL) introduced the Medicare Demonstration of Coverage for Low Vision Devices Act, H.R. 4129! This bill is one of ACB’s legislative imperatives this year. Once it becomes law, H.R. 4129 would direct the Center for Medicare and Medicaid Services (CMS) to construct a five-year pilot program for the coverage of low vision devices. Other co-sponsors of H.R. 4129 include Reps. Steve Cohen (D-TN), Adam Schiff (D-CA), and Ann Wagner (R-MO). 

Reps. Maloney and Bilirakis recirculated a communication to all their colleagues in the U.S. House about supporting this legislation, and it is important that our members hear from us about this bill as well. Included below is the legislative imperative from this year’s legislative seminar.

ACB encourages all members to contact their members of Congress to support H.R. 4129!  Please update the ACB national office on your outreach by sending a message to advocacy@acb.org. 

To contact your senators or representatives, call the U.S. Capitol switchboard at (202) 224-3121, and ask to be connected to the senators and representatives for your state. Or visit www.senate.gov to find your senators’ contact information. To locate your representatives, visit www.house.gov/representatives.

Talking Points:

  • Ask your representative to co-sponsor H.R. 4129, the Medicare Demonstration of Coverage for Low Vision Devices Act, and ask your senators to introduce a companion bill to H.R. 4129.
  • This legislation would provide greater access to low vision devices for Americans with vision loss, and allow them to live more independent and integrated lives in their communities.
  • This demonstration of coverage would provide quantifiable data for the need and cost of CMS coverage for low vision devices.
  • This bill is supported by: American Council of the Blind; American Foundation for the Blind; Aira; Blinded Veterans Association; National Association for the Employment of People who are Blind; National Industries for the Blind; OrCam; & Vision Serve Alliance.

Secure Independence for Seniors and Medicare Beneficiaries Legislative Imperative

Background

In November of 2008, the Centers for Medicare and Medicaid Services (CMS) promulgated a regulation that has had a detrimental impact on the lives of countless individuals who are blind or visually impaired. The Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Acquisition Rule contains a provision entitled “Low Vision Aid Exclusion” which states that all devices, “irrespective of their size, form, or technological features that use one or more lens to aid vision or provide magnification of images for impaired vision” are excluded from Medicare coverage based on the statutory eyeglass exclusion. ACB believes this extremely restrictive reading of the eyeglass exclusion has resulted in the denial of vital assistive devices for seniors and other Medicare beneficiaries that offers solutions for sustaining independence in the home.

This proposal has had a significant impact on beneficiaries with vision impairments who depend on assistive technology that incorporates one or more lenses to aid in their vision. The expansion of the eyeglass exclusion has prevented access to devices such as handheld magnifiers, video monitors, and a wide array of technologies that utilize lenses to assist individuals in overcoming the obstacles impeding their independence. These tools are often essential for individuals with low vision who, without the aid of assistive technology, cannot read prescriptions, medicine bottles, and other important materials containing content that is vital to their personal health and safety.

In short, these devices allow individuals with low vision to live independently and safely. Such a poor regulatory policy serves as a pre-emptive and unwarranted coverage denial for any new technology designed to assist individuals with vision loss. Knowing its influence in the medical devices marketplace, innovation and competition will be curtailed if Medicare continues to maintain this coverage exclusion. The unwanted side effects include sacrificing personal independence for more costly residential assistive living, which in the long run ends up putting greater strain on our entitlement programs.

Call for Action

ACB urges the House of Representatives and Senate to re-introduce the Medicare Demonstration on Coverage of Low Vision Devices Act. First introduced as H.R. 729 in the 114th Congress, this legislation had bipartisan support and is one of many workable solutions that should be part of the current healthcare discussion in the 116th Congress.  The bill was reintroduced as H.R. 2050 in the 115th Congress in 2017. (It is now H.R. 4129.)

This legislation would evaluate, through a five-year national demonstration project administered by the Department of Health and Human Services, the fiscal impact of a permanent change to the Social Security Act. This legislation would allow reimbursement for certain low-vision devices that are the most function-rich that sustain daily independent living. The devices would be considered durable medical equipment.

Individuals will be eligible to participate in the demonstration project only after completing a clinical evaluation performed by an ophthalmologist or optometrist who would then deem a low-vision device as medically necessary. The data from the demonstration would provide valuable insight into how the eyeglasses exclusion impacts independence for senior citizens and other Medicare beneficiaries. As Americans continue to live longer into their retirement, the Centers for Disease Control (CDC) projects through their Vision Health Initiative (VHI) that severe vision loss will be a leading chronic health condition for the next thirty years, based on an increasingly aging population and demographic changes in our country. According to CDC’s VHI, blindness increases the incidence of other chronic health conditions, depression, and morbidity. Therefore, it is vital that Congress identify solutions that can sustain quality of life as Americans get older.

 

FCC Issues Public Notice about Making Emergency Information Accessible

 

On August 30, 2019, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice to remind video programming distributors, including broadcasters, cable operators, and satellite television services that deliver video programming directly to the home, of their obligation to make televised emergency information accessible to persons who are blind, visually impaired, deaf, or hard of hearing.

This Public Notice also provides information for consumers about where they can find more information about access to televised emergency information – including an American Sign Language video at www.fcc.gov/TVEmergencyAccessASL -- and how to file complaints when televised emergency information is not accessible.

Links to Public Notice: 

URL:  https://www.fcc.gov/document/emergency-information-tv-accessibility-requ...         
Word: https://docs.fcc.gov/public/attachments/DA-19-855A1.docx  
PDF: https://docs.fcc.gov/public/attachments/DA-19-855A1.pdf 
Text: https://docs.fcc.gov/public/attachments/DA-19-855A1.txt 

For more information about accessible televised emergency information, visit: https://www.fcc.gov/general/access-emergency-information-television.  For specific questions, please contact Debra Patkin, Attorney Advisor, Disability Rights Office, Consumer and Governmental Affairs Bureau, at (202) 870-5226 or Debra.Patkin@fcc.gov.  TTY users may call the FCC’s TTY number at (888) 835-5322.

 

Final Statement of Enforcement Priorities Regarding Service Animals by the Federal Aviation Administration

 

On Thursday, August 8, 2019, the Federal Aviation Administration (FAA) put out a final statement of Enforcement Priorities Regarding Service Animals. The statement responded to comments provided by a myriad of advocacy groups after an interim statement was issued in May of 2019. This final statement supersedes previous statements.

The new statement provides several provisions that positively impact the travel of guide dog users. First, service animal users are not required to provide advance notice to airlines before they travel with their service animals. Airlines previously proposed new policies that would require up to 48 hours of notice before a passenger flew with a service animal. However, the final statement prevents airlines from doing so for people flying with service animals. Airlines can only request such notice if the flight will exceed eight hours in length. This guideline allows for service animals to fly more easily, without having to pre-plan before trips. In the instance where the flight will exceed eight hours, an airline can then ask for documentation that the dog will not have to relieve on the plane. Also, the airline can request early check-in for such situations.

Next, if a situation presents itself where an airline employee questions the legitimacy of a service animal, the airline employee is allowed to ask limited questions concerning proof that the dog is a service animal. This limited questioning is comparable to the three questions business owners are permitted to ask patrons under the Americans with Disabilities Act when the legitimacy of a service animal arises.

Finally, a request for documentation is only permitted when determining whether a dog poses a direct threat to other travelers or airline employees. If an employee believes a service dog poses such a threat, the airline is allowed to ask for documentation to demonstrate factors such as the existence of vaccinations, the behavior of the dog, or the history of the dog’s training. The test used to determine what documentation is permissible is that the documentation must be reasonable to believe that it would assist in determining if the dog poses a direct threat.

The final statement also stressed that breed and age restrictions for dogs are impermissible.

The FAA stated that a notice of proposed rule-making should be issued in the fall of 2019. ACB encourages you to submit comments at that time. For more information, or to read the statement in its entirety, visit https://www.transportation.gov/airconsumer/latest-news.

 

ACB Radio Mainstream Has New Schedule

 

ACB Radio is putting all things ACB first in Mainstream. All show times listed are Eastern time, but the schedule repeats often so that those on the Pacific time zone can listen at the same time as those on the east coast. ACB Radio would like your feedback on the new schedule. Please send all comments to support@acb.org.

Sunday

Council Connection: midnight – 1 a.m.
Cooking in the Dark: 1-2 a.m.
Let’s Talk Low Vision: 2-3 a.m.
ACB Braille and E-Forum: 3-5 a.m.
Let’s Talk Low Vision: 5-6 a.m.
ACB Braille and E-Forum: 6-8 a.m.
World of Sports Live: 8-9 a.m.
Council Connection: 9-10 a.m.
Cooking in the Dark: 10-11 a.m.
World of Sports: 11 a.m.-noon
Council Connection: noon-1 p.m.
Cooking in the Dark: 1-2 p.m.
Let’s Talk Low Vision: 2-3 p.m.
ACB Braille and E-Forum:  3-5 p.m.
Let’s Talk Low Vision: 5-6 p.m.
ACB Braille and E-Forum: 6-8 p.m.
Sound Prints: 8-9 p.m.
ACB Braille and E-Forum: 9-11 p.m.
Sound Prints: 11 p.m. - midnight

Monday

ACB Braille and E-Forum: midnight-2 a.m.
Main Menu: 2-3 a.m.
On the Inside Track: 3-4 a.m.
Eyes on Success: 4-4:30 a.m.
Speaking Out for the Blind: 4:30-5 a.m.
Main Menu: 5-6 a.m.
On the Inside Track: 6-7 a.m.
Eyes on Success: 7-7:30 a.m.
Speaking Out for the Blind: 7:30-8 a.m.
Sound Prints: 8-9 a.m.
ACB Braille and E-Forum: 9-11 a.m.
Sound Prints: 11 a.m.-noon
ACB Braille and E-Forum: noon-2 p.m.
Main Menu: 2-3 p.m.
On the Inside Track: 3-4 p.m.
Eyes on Success: 4-4:30 p.m.
Speaking Out for the Blind: 4:30-5 p.m.
Main Menu: 5-6 p.m.
On the Inside Track: 6-7 p.m.
Eyes on Success: 7-7:30 p.m.
Speaking Out for the Blind: 7:30-8 p.m.
ACB Advocacy Update: 8-8:30 p.m.
News Reel Sampler: 8:30-9 p.m.
Council Connection: 9-10 p.m.
iACast Technology Show: 10-11 p.m.
ACB Advocacy Update: 11-11:30 p.m.
News Reel Sampler: 11:30 p.m.-midnight

Tuesday

Council Connection: midnight-1 a.m.
iACast Technology Show: 1-2 a.m.
World of Sports Live: 2-3 a.m.
In Perspective: 3-4 a.m.
Cooking in the Dark: 4-5 a.m.
World of Sports: 5-6 a.m.
In Perspective: 6-7 a.m.
Cooking in the Dark: 7-8 a.m.
ACB Advocacy Update: 8-8:30 a.m.
News Reel Sampler: 8:30-9 a.m.
Council Connection: 9-10 a.m.
iACast Technology Show: 10-11 a.m.
ACB Advocacy Update: 11-11:30 a.m.
News Reel Sampler: 11:30 a.m.-noon
Council Connection: noon-1 p.m.
iACast Technology Show: 1-2 p.m.
World of Sports Live: 2-3 p.m.
In Perspective: 3-4 p.m.
Cooking in the Dark: 4-5 p.m.
World of Sports Live: 5-6 p.m.
In Perspective: 6-7 p.m.
Cooking in the Dark: 7-8 p.m.
Let’s Talk Low Vision: 8-9 p.m.
ACB Braille and E-Forum: 9-11 p.m.
Let’s Talk Low Vision: 11 p.m.-midnight

Wednesday

ACB Braille and E-Forum: midnight-2 a.m.
ACB Advocacy Update: 2-2:30 a.m.
ACB Reports: 2:30-3 a.m.
Tech Talk from Accessible World: 3-4 a.m.
Sound Prints: 4-5 a.m.
ACB Advocacy Update: 5-5:30 a.m.
ACB Reports: 5:30-6 a.m.
Tech Talk from Accessible World: 6-7 a.m.
Sound Prints: 7-8 a.m.
Let’s Talk Low Vision: 8-9 a.m.
ACB Braille and E-Forum: 9-11 a.m.
Let’s Talk Low Vision: 11 a.m.-noon
ACB Braille and E-Forum: noon-2 p.m.
ACB Advocacy Update: 2-2:30 p.m.
ACB Reports: 2:30-3 p.m.
Tech Talk from Accessible World: 3-4 p.m.
Sound Prints: 4-5 p.m.
ACB Advocacy Update: 5-5:30 p.m.
ACB Reports: 5:30-6 p.m.
Tech Talk from Accessible World: 6-7 p.m.
Sound Prints: 7-8 p.m.
Main Menu: 8-9 p.m.
On the Inside Track: 9-10 p.m.
Eyes on Success: 10-10:30 p.m.
Speaking Out for the Blind: 10:30-11 p.m.
Main Menu: 11 p.m.-midnight

Thursday

On the Inside Track: midnight-1 a.m.
Eyes on Success: 1-1:30 a.m.
Speaking Out for the Blind: 1:30-2 a.m.
ACB Braille and E-Forum: 2-4 a.m.
iACast Technology Show: 4-5 a.m.
ACB Braille and E-Forum: 5-7 a.m.
iACast Technology Show: 7-8 a.m.
Main Menu: 8-9 a.m.
On the Inside Track: 9-10 a.m.
Eyes on Success: 10-10:30 a.m.
Speaking Out for the Blind: 10:30-11 a.m.
Main Menu: 11 a.m.-noon
On the Inside Track: noon-1 p.m.
Eyes on Success: 1-1:30 p.m.
Speaking Out for the Blind: 1:30-2 p.m.
ACB Braille and E-Forum: 2-4 p.m.
iACast Technology Show: 4-5 p.m.
ACB Braille and E-Forum: 5-7 p.m.
iACast Technology Show: 7-8 p.m.
ACB Advocacy Update: 8-8:30 p.m.
ACB Reports: 8:30-9 p.m.
Tech Talk from Accessible World: 9-10 p.m.
Sound Prints: 10-11 p.m.
ACB Advocacy Update: 11-11:30 p.m.
ACB Reports: 11:30 p.m.-midnight

Friday

Tech Talk from Accessible World: midnight-1 a.m.
Sound Prints: 1-2 a.m.
Council Connection: 2-3 a.m.
On the Inside Track: 3-4 a.m.
Cooking in the Dark: 4-5 a.m.
Council Connection: 5-6 a.m.
On the Inside Track: 6-7 a.m.
Cooking in the Dark: 7-8 a.m.
ACB Advocacy Update: 8-8:30 a.m.
ACB Reports: 8:30-9 a.m.
Tech Talk from Accessible World: 9-10 a.m.
Sound Prints: 10-11 a.m.
ACB Advocacy Update: 11-11:30 a.m.
ACB Reports: 11:30 a.m.-noon
Tech Talk from Accessible World: noon-1 p.m.
Sound Prints: 1-2 p.m.
Council Connection: 2-3 p.m.
On the Inside Track: 3-4 p.m.
Cooking in the Dark: 4-5 p.m.
Council Connection: 5-6 p.m.
On the Inside Track: 6-7 p.m.
Cooking in the Dark: 7-8 p.m.
Speaking Out for the Blind: 8-8:30 p.m.
News Reel Sampler: 8:30-9 p.m.
Main Menu: 9-10 p.m.
In Perspective: 10-11 p.m.
Speaking Out for the Blind: 11-11:30 p.m.
News Reel Sampler: 11:30 p.m.-midnight

Saturday

Main Menu: midnight-1 a.m.
In Perspective: 1-2 a.m.
ACB Advocacy Update: 2-2:30 a.m.
ACB Reports: 2:30-3 a.m.
Let’s Talk Low Vision: 3-4 a.m.
iACast Technology Show: 4-5 a.m.
ACB Advocacy Update: 5-5:30 a.m.
ACB Reports: 5:30-6 a.m.
Let’s Talk Low Vision: 6-7 a.m.
iACast Technology Show: 7-8 a.m.
Speaking Out for the Blind: 8-8:30 a.m.
News Reel Sampler: 8:30-9 a.m.
Main Menu: 9-10 a.m.
In Perspective: 10-11 a.m.
Speaking Out for the Blind: 11-11:30 a.m.
News Reel Sampler: 11:30 a.m.-noon
Main Menu: noon-1 p.m.
In Perspective: 1-2 p.m.
ACB Advocacy Update: 2-2:30 p.m.
ACB Reports: 2:30-3 p.m.
Let’s Talk Low Vision: 3-4 p.m.
iACast Technology Show: 4-5 p.m.
ACB Advocacy Update: 5-5:30 p.m.
ACB Reports: 5:30-6 p.m.
Let’s Talk Low Vision: 6-7 p.m.
iACast Technology Show: 7-8 p.m.
World of Sports Live: 8-9 p.m.
Council Connection: 9-10 p.m.
Cooking in the Dark: 10-11 p.m.
World of Sports Live: 11 p.m.-midnight

 

Claire Stanley Appointed to Air Carrier Access Act Advisory Committee

 

To read this press release and other linked documents in their entirety, visit https://www.transportation.gov/briefing-room/us-department-transportation-announces-formation-and-membership-air-carrier-access-act.

U.S. Department of Transportation (DOT) Secretary Elaine L. Chao recently announced the formation of the Air Carrier Access Act Advisory Committee (ACAA Advisory Committee) and the appointment of 19 members, including ACB’s advocacy and outreach specialist, Claire Stanley.

The ACAA Advisory Committee will advise the Secretary about issues relating to the air travel needs of passengers with disabilities.  It will identify and assess disability-related access barriers encountered by air travelers with disabilities, evaluate the extent to which DOT’s programs and activities are addressing these disability-related access barriers, and recommend actions to improve the air travel experience of passengers with disabilities.  On or before November 20, 2020, the ACAA Advisory Committee will submit a report to the Secretary on the needs of passengers with disabilities in air travel.

The first meeting of the ACAA Advisory Committee is expected to occur in early 2020 and will be open to the public.  Within six months of its first meeting, the ACAA Advisory Committee will submit a report to the Secretary and appropriate committees of Congress on whether current regulations with respect to practices for ticketing, pre-flight seat assignments, access to bulkhead seating, and stowing of assistive devices for passengers with disabilities should be modified. 

As required by the FAA Act, the Secretary has appointed at least one representative from each of the following groups: passengers with disabilities; national disability organizations; air carriers; airport operators; contractor service providers; aircraft manufacturers; wheelchair manufacturers; and national veterans’ organizations representing disabled veterans.  For certain categories, there are more than one representative to ensure multiple perspectives are represented and membership is balanced. 

ACAA Advisory Committee members are:

  • Michelle Albert, Interior Technical Fellow, Boeing Commercial Airplanes, as representative of aircraft manufacturers.
  • Zainab Alkebsi, Policy Counsel, National Association of the Deaf, as representative of national disability organizations.
  • Heather Ansley, Associate Executive Director of Government Relations, Paralyzed Veterans of America, as representative of national veterans’ organizations representing disabled veterans.
  • Tom Devine, General Counsel, Airports Council International – North America, as representative of airport operators.
  • Dana Folsom, Corporate Compliance Disability Program Manager, Delta Air Lines, as representative of air carriers.
  • Mark Greig, Vice President of Research and Development, Sunrise Medical, as representative of wheelchair manufacturers.
  • E. Keith Hansen, Vice President, Airports and Government Affairs, Allegiant Air, as representative of air carriers.
  • Doug Lavin, Vice President, North America, International Airline Transport Association, as representative of air carriers.
  • Nicholas LiBassi, Vice President, Partnership Expansion, United Spinal Association, as representative of national disability organizations.
  • Paige Mazzoni, Chief Executive Officer, Canine Companions for Independence, as representative of national disability organizations.
  • Doug Mullen, Vice President and Deputy General Counsel, Airlines for America, as representative of air carriers.
  • Ramakant Rambhatla, Vice President of Engineering and Chief Engineer, Invacare Corporation, as representative of wheelchair manufacturers.
  • Lawrence Rolon, Coordinator for Disability Services, Los Angeles World Airports, as representative of airport operators.
  • Kenneth Shiotani, Senior Staff Attorney, National Disability Rights Network, as representative of national disability organizations.
  • James Sinocchi as representative of passengers with disabilities and chair of the ACAA Advisory Committee.
  • Claire Stanley, Advocacy and Outreach Specialist, American Council of the Blind, as representative of national disability organizations.
  • Kristin Stephenson, Senior Vice President and Chief Policy and Community Engagement Officer, Muscular Dystrophy Association, as representative of national disability organizations.
  • Jo Ann Storie, Senior Vice President of Risk Management, Prospect Airport Services, as representative of contract service providers.
  • Gregory Reed, Advisor and Member, Disabled American Veterans, as representative of national veterans’ organizations representing disabled veterans.

More information on the ACAA Advisory Committee can be found at https://www.transportation.gov/airconsumer/ACAACommittee.

 

­ACB Applauds Supreme Court Decision to Decline Appeal on Domino’s v. Robles Case

 

ADA Applies to Websites

On Monday, October 7, the U.S. Supreme Court declined to hear an appeal on Domino’s v. Robles. The American Council of the Blind (ACB) and its nationwide membership applauds this decision and commends the Supreme Court for their action. The unanimous ruling by the U.S. Court of Appeals for the 9th Circuit made it resoundingly clear that the Americans with Disabilities Act (ADA) applies to websites, and by declining to hear Domino’s appeal, the Supreme Court upholds the civil rights of people who are blind and visually impaired in online commercial settings.

As we celebrate 29 years of the ADA, it is important to note that guidelines and best practices for digital accessibility have existed for decades. The World Wide Web Consortium developed the Website Content Accessibility Guidelines (WCAG), and these guidelines are included in the federal government’s Section 508 standards.

“ACB has worked with numerous companies to seamlessly integrate accessible universal design into their digital offerings; this makes it more difficult to understand Domino’s position that their website is not for customers who are blind and visually impaired. Companies like Domino’s should welcome the flexibility created by these guidelines and standards to implement accessibility in a way that makes their products and services available to all paying customers,” said Eric Bridges, ACB’s Executive Director.

The ADA is not the problem, and weakening civil rights protections for people with disabilities is not the answer. Rather than settling for a quick fix, or attempting to weaken the equal access protections of the ADA, companies should ensure that all Americans have equal physical and digital access to their products and services.

To this end, the American Council of the Blind is prepared to collaborate with Domino’s and other companies to create and implement innovative accessibility and universal design solutions that make their products and services available to all consumers, regardless of ability.

 

October Is National Disability Employment Awareness Month

 

National Disability Employment Awareness Month, or NDEAM, is celebrated each October in the United States. This annual event is a nationwide campaign to educate Americans on the contributions people with disabilities bring to the workforce. When disabled Americans work, it brings great contributions to the American economy. It also brings awareness to the difficulties Americans with disabilities face when gaining employment. Approximately 70 percent of blind and visually impaired Americans are unemployed. This month-long event strives to bring attention to both the successes and improvements that need to occur in employment for people with disabilities.

The event began back in 1945 when Congress declared a national week to recognize the issue. Congress has since expanded the event for the entire month of October.

The Office on Disability Employment Policy provides a variety of resources to promote the month. Visit ODEP’s website, https://www.dol.gov/odep/, to download resources such as a toolkit and poster to promote the month. The theme of the month for 2019 is “The Right Talent, Right Now.”

 

FCC Grants USA Network a Limited Waiver

 

On Monday, Oct. 7, the FCC’s Media Bureau granted a limited waiver of the Commission’s video description rules, requested by NBCUniversal, LLC, on behalf of its wholly owned non-broadcast programming network, USA Network, as long as USA Network airs at least 1,000 hours of described programming each quarter without regard to the number of repeats and describes at least 75 percent of any newly produced, non-live programming that is aired between 6 a.m. and midnight per quarter.  However, the FCC declined to grant NBCUniversal’s proposed safe harbor from the description requirements for other similarly situated, top five non-broadcast networks.

The decision by the FCC is in line with Resolution 2019-04 passed by the ACB membership in convention this summer. This limited waiver will last for two years and does not extend to other non-broadcasters covered by the CVAA. The FCC took into consideration the outreach conducted by NBCUniversal to the disability community, and the high levels of audio-described content previously aired and created by USA Network when granting this petition.

The FCC included a good faith roadmap for other covered entities to pursue if they would like to request a limited waiver similar to USA Network: “Finally, we note that parties seeking relief from the Commission’s video description rules may submit an individual waiver request, which will be evaluated on its own merits, pursuant to the general waiver authority in section 1.3 of the Commission’s rules.  As mentioned in the 2017 Order, the Bureau will look favorably upon waiver requests demonstrating that (1) all pre-recorded programming between 6 a.m. and midnight in the relevant calendar quarter is being described, even if not all of it can be counted toward the rules and (2) the petitioner commits to provide additional hours of video description in calendar quarters other than the one for which it is seeking the waiver, or commits to provide the additional hours of video description in the same calendar quarter but on an affiliated network.”