Twenty-First Century Communications and Video Accessibility Act of 2010

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Twenty-First Century Communications and Video Accessibility Act of 2010
Great Seal of the United States (obverse).svg
Other short titles21st Century Communications and Video Accessibility Act
Long titleAn act to increase the access of persons with disabilities to modern communications, and for other purposes.
Acronyms (colloquial)CVAA
Enacted bythe 111th United States Congress
Citations
Public law Pub. L.   111–260 (text) (PDF)
Codification
Acts amended Communications Act of 1934
Legislative history
  • Signed into law by President Barack Obama on October 8, 2010

The Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) is a United States accessibility law. Signed on October 8, 2010, by then-president Barack Obama, the bill amended the Communications Act of 1934 to include updated requirements for ensuring the accessibility of "modern" telecommunications to people with disabilities. [1]

Contents

Title I of the Act imposes accessibility standards on "advanced" telecommunications products and services, while Title II of the Act imposes various requirements on the accessibility of televisions, television services, and television programming, including additional requirements on the provision of closed captioning in regards to streaming video, and new requirements on the provision of programming presented with audio description by the top television networks and non-broadcast channels.

Titles

Title I - Communications Access

Title I of the CVAA mandates that "advanced communications services and products" (including electronic messaging, VoIP, and video conferencing) be accessible to users with disabilities. Mobile web browsers must be accessible to users who are blind or visually impaired. [2] VoIP providers must contribute to the interstate Telecommunications Relay Services Fund, while the definition of a TRS is updated to take into account scenarios such as deafblindness and communications between different types of relay users. [2] "Telephone-like devices" designed for use with advanced communications services must have hearing aid compatibility, and the FCC received authorization to "ensure reliable and interoperable access to next generation 9-1-1 services by people with disabilities." [2]

After multiple extensions, waivers to these rules covering communications systems in online video games lapsed after December 31, 2018. [3]

Title II - Video Programming

Title II of the CVAA imposes accessibility requirements on television programming and streaming video. Programming that contained closed captioning when originally aired on television, or is "generally comparable" to linear television (excluding "consumer-generated media") must offer closed captioning when distributed as streaming video. [2] The user interfaces of televisions, and set-top boxes from television providers, must offer accessibility options for the blind and visually impaired. [1] [2]

Under the CVAA, the Federal Communications Commission has the authority to regulate the inclusion of audio description (AD, known in the law as "video description") — an audio track that contains narration describing key visual elements of a program for the blind and visually impaired — in television programming. [1] All devices capable of receiving video programming (including in addition, devices with screens less than 13 inches in size) must have the capability to support closed captioning and AD. [1] If achievable, devices capable of recording television programming must be able to retain captioning and AD in their recordings. [2] [1]

The FCC also established the Video Programming and Emergency Access Advisory Committee (VPEAAC) in December 2010, which consists of working groups devoted to accessibility in video programming. [4] [5]

Video description

Effective July 1, 2012, under an FCC report and order implementing the Act, affiliates of the four major networks (ABC, CBS, Fox, and NBC) in certain media markets, and television providers with more than 50,000 subscribers, via the top five non-broadcast networks not dedicated primarily to "near-live" programming (aired within 24 hours of production) as determined every three years by Nielsen ratings, are required to broadcast a minimum amount of programming containing AD per-quarter. All stations and television providers that have the technological capability to do so must be able to pass AD tracks if provided by a programming source (with reasoning against doing so including the second audio program already being occupied by Spanish-language audio, or not having the required equipment, for instance). Broadcasters and program guides are encouraged to promote the availability of AD, but there is no requirement to do so. [6] [7]

The quotas are to be gradually increased over time: it initially applied to the top 25 markets for broadcast stations, and required that 50 hours of described programming be aired per-quarter, as either "children's" (aimed towards viewers aged 16 and younger, unrelated to the Children's Television Act definition that restricts advertising load) or primetime programs. The top non-broadcast channels that must supply video descriptions are refreshed every three years, based on the previous year's ratings: upon the introduction of the rules, they were Disney Channel, Nickelodeon, TBS, TNT, and USA Network. The AD requirement expanded to the top 60 markets beginning July 1, 2015, [7] [6] and increased to 87.5 hours per-quarter, at any time between 6:00 a.m. and midnight (rather than only primetime or children's programming) effective July 2018. As of the current policy, Nickelodeon and Disney Channel have since been displaced by History and HGTV on the top 5 non-broadcast channels, respectively. [8] [9] [10]

Audible crawl

Under the act, broadcasters, television providers, and video programming devices must be able to convey "emergency information" in a format accessible to the blind and visually impaired. [2] The FCC imposed this directive beginning May 26, 2015, requiring that emergency information displayed in a textual format outside of the Emergency Alert System and newscasts (such as in a news ticker displayed by the broadcaster) must be dictated on the SAP audio channel. The FCC required that non-textual information also be described in this manner, but the deadline for this mandate was delayed to May 26, 2023, after requests from the American Council of the Blind, the American Foundation for the Blind, and the National Association of Broadcasters, who assessed that technology for doing so in an automated, and non-burdening manner had not yet been developed. Also after consultation with broadcasters, the FCC removed a requirement for school closings to also be considered as "emergency information", as their intense length, coupled with a requirement for this information to be read twice, would be too unwieldy. [11] [12] [13]

See also

Related Research Articles

<span class="mw-page-title-main">Closed captioning</span> Process of displaying interpretive texts to screens

Closed captioning (CC) and subtitling are both processes of displaying text on a television, video screen, or other visual display to provide additional or interpretive information. Both are typically used as a transcription of the audio portion of a program as it occurs, sometimes including descriptions of non-speech elements. Other uses have included providing a textual alternative language translation of a presentation's primary audio language that is usually burned-in to the video and unselectable.

A subcarrier is a sideband of a radio frequency carrier wave, which is modulated to send additional information. Examples include the provision of colour in a black and white television system or the provision of stereo in a monophonic radio broadcast. There is no physical difference between a carrier and a subcarrier; the "sub" implies that it has been derived from a carrier, which has been amplitude modulated by a steady signal and has a constant frequency relation to it.

<span class="mw-page-title-main">Low-power broadcasting</span> Radio or TV service, 100W or less

Low-power broadcasting is broadcasting by a broadcast station at a low transmitter power output to a smaller service area than "full power" stations within the same region. It is often distinguished from "micropower broadcasting" and broadcast translators. LPAM, LPFM and LPTV are in various levels of use across the world, varying widely based on the laws and their enforcement.

Second audio program (SAP), also known as secondary audio programming, is an auxiliary audio channel for analog television that can be broadcast or transmitted both over-the-air and by cable television. Used mostly for audio description or other languages, SAP is part of the multichannel television sound (MTS) standard originally set by the National Television Systems Committee (NTSC) in 1984 in the United States. The NTSC video format and MTS are also used in Canada and Mexico.

<span class="mw-page-title-main">Accessibility</span> Modes of usability for people with disabilities

Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" and "indirect access" meaning compatibility with a person's assistive technology.

A broadcast flag is a bit field sent in the data stream of a digital television program that indicates whether or not the data stream can be recorded, or if there are any restrictions on recorded content. Possible restrictions include the inability to save an unencrypted digital program to a hard disk or other non-volatile storage, inability to make secondary copies of recorded content, forceful reduction of quality when recording, and inability to skip over commercials.

<span class="mw-page-title-main">Telecommunications relay service</span>

A telecommunications relay service, also known as TRS, relay service, or IP-relay, or Web-based relay service, is an operator service that allows people who are deaf, hard of hearing, deafblind, or have a speech disorder to place calls to standard telephone users via a keyboard or assistive device. Originally, relay services were designed to be connected through a TDD, teletypewriter (TTY) or other assistive telephone device. Services gradually have expanded to include almost any real-time text capable technology such as a personal computer, laptop, mobile phone, PDA, and many other devices. The first TTY was invented by deaf scientist Robert Weitbrecht in 1964. The first relay service was established in 1974 by Converse Communications of Connecticut.

Audio description, also referred to as a video description, described video, or more precisely visual description, is a form of narration used to provide information surrounding key visual elements in a media work for the benefit of blind and visually impaired consumers. These narrations are typically placed during natural pauses in the audio, and sometimes during dialogue if deemed necessary. Occasionally when a film briefly has subtitled dialogue for a character speaking a different language in the film such as in the 1977 film, Star Wars: A New Hope with Greedo's confrontation with Han Solo, the narrator will read out the dialogue in character.

Within the field of human–computer interaction, game accessibility refers to the accessibility of video games. More broadly, game accessibility refers to the accessibility of all gaming products, including video games, tabletop RPGs, board games, and related products. Video game accessibility is considered a sub-field of computer accessibility, which studies how software and computers can be made accessible to users with various types of impairments.

<span class="mw-page-title-main">Subtitles</span> Textual representation of events and speech in motion imagery

Subtitles are text representing the contents of the audio in a film, television show, opera or other audiovisual media. Subtitles might provide a transcription or translation of spoken dialogue. Although naming conventions can vary, captions are subtitles that include written descriptions of other elements of the audio like music or sound effects. Captions are thus especially helpful to people who are deaf or hard-of-hearing. Other times, subtitles add information not present in the audio. Localizing subtitles provide cultural context to viewers, for example by explaining to an unfamiliar American audience that sake is a type of Japanese wine. Lastly, subtitles are sometimes used for humor, like in Annie Hall where subtitles show the characters' inner thoughts, which contradict what they were actually saying in the audio.

Multichannel television in the United States has been available since at least 1948. The United States is served by multichannel television through cable television systems, direct-broadcast satellite providers, and various other wireline video providers; among the largest television providers in the U.S. are DirecTV, Altice USA, Charter Communications, Comcast, Dish Network, and Verizon Communications. The Telecommunications Act of 1996 defines a multichannel video programming distributor (MVPD) as "a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming", where a channel is defined as a "signaling path provided by a cable television system."

VITAC is a Canonsburg, Pennsylvania-based provider of audio transcription services. It provides services such as closed captioning, dubbing, and audio description services.

<span class="mw-page-title-main">AMI-tv</span> Canadian specialty TV channel

AMI-tv is a Canadian, English-language, digital cable specialty channel owned by the non-profit organization Accessible Media. AMI-tv broadcasts a selection of general entertainment programming with accommodations for those who are visually or hearing impaired, with audio descriptions on the primary audio track and closed captioning available across all programming.

<span class="mw-page-title-main">Accessible Media Inc.</span> Canadian non-profit media company

AMI is a not-for-profit media company that entertains, informs, and empowers Canadians who are blind or partially sighted. The company operates three broadcast services: AMI-tv and AMI-audio in English and AMI-télé in French. AMI's vision is to establish and support a voice for Canadians with disabilities, representing their interests, concerns, and values through accessible media, reflection, and portrayal.

Selectable Output Control (SOC) is a content protection Digital Rights Management (DRM) technology that is incorporated into approved devices that enables the Multichannel Video Programming Distributor to disable non-secure audio-video output by encoding the video with a specific signal. In practice, SOC aims to limit the output of high definition video over non-secure analog outputs such as component video connections. When enabled, SOC will only output high definition content over a High-Definition Multimedia Interface (HDMI) to devices that are High-bandwidth Digital Content Protection (HDCP) approved. This means that when SOC is enabled for a program, older televisions that do not have an HDMI port or are not HDCP compliant will not be able to view content. The U.S. Federal Communications Commission (FCC) has, until recently, had a ban on the use of SOC.

AdapTV is the world's first dedicated to the mobility impaired, hearing impaired, and visually impaired. AdapTV initially launched as a network of low power broadcasting stations (LPTV) that all carried the same programming, with the flagship station being KALTV in St. Louis, MO.

AMI-télé is a Canadian, French-language digital cable specialty channel owned by the non-profit organization Accessible Media Inc. (AMI). AMI-télé is a French version of AMI's English-language service AMI-tv, and broadcasts a selection of general entertainment programming with accommodations for those who are visually or hearing impaired, consisting of described video on the primary audio track and closed captioning available across all of its programming. The channel also broadcasts series on accessibility- and disability-related topics.

Assistive Technology for the Deaf and Hard of Hearing is special technology built to assist those who are deaf or suffer from hearing loss. Examples of such technology include hearing aids, video relay services, tactile devices, alerting devices and technology for supporting communication.

<span class="mw-page-title-main">Joshua Miele</span> American research scientist specializing in accessible technology design

Joshua A. Miele is an American research scientist who specializes in accessible technology design. Since 2019, Miele has been Principal Accessibility Researcher at Amazon Lab126, a subsidiary of Amazon that works on hardware products. Before joining Amazon, Miele conducted research on tactile graphics and auditory displays at the Smith-Kettlewell Eye Research Institute in California for fifteen years. He has been blind since early childhood.

WAWW-LD is a low-power television station licensed to serve Rochester, New York, United States. The station is owned by Squirrel Broadcasting Company, a joint venture of James Smisloff and New York radio and TV station owner Craig Fox. Its lone subchannel broadcasts HSN.

References

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  3. "New games must comply to accessibility guidelines after FCC waivers expire". GamesIndustry.biz. Retrieved 2019-04-16.
  4. TVTechnology. "FCC announces Video Programming and Emergency Access Advisory Committee members". TvTechnology. Retrieved 2019-04-16.
  5. TVTechnology. "Eric Small Named to FCC Advisory Committee". TV Technology. Retrieved 2019-04-16.
  6. 1 2 Browne, Davis Wright Tremaine LLP-Maria T.; London, Ronald G.; Holl, Brendan. "FCC adopts video description regulations". Lexology. Retrieved 2019-04-15.
  7. 1 2 "Networks Set To Launch Video Descriptions". TVNewsCheck. 2012-06-13. Retrieved 2019-04-15.
  8. Eggerton, John. "FCC Expands Video Description Mandate". Broadcasting & Cable. Retrieved 2019-04-15.
  9. Wattles, Jackie (2017-07-12). "FCC to require more shows be aired with video descriptions to aid the blind". CNNMoney. Retrieved 2019-04-16.
  10. "Audio Described Shows on TV (Video Description)" . Retrieved 2020-01-12.
  11. "FCC's Text to Speech Rule Takes Effect November 30, 2015". Wiley Rein LLP. Retrieved 2019-04-16.
  12. Knauer, Wilkinson Barker; Washington, LLP 1800 M. Street NW Suite 800N; Fax: 202.783.5851, DC 20036 (2018-03-28). "FCC Requests Comments on Extension of Compliance Deadline for TV Stations to Convert Non-Textual Emergency Information into Audio on SAP Channel". Broadcast Law Blog. Retrieved 2019-04-16.
  13. Kessler, Warren (2018-05-25). "FCC Grants TV Stations Last-Minute Reprieve on Certain Audible Crawl Requirements". Comm Law Center. Retrieved 2019-04-16.