House Energy & Commerce OKs Communications Disability Access Bill

Bill requires online video captioning, disabled access to smart phones

By John Eggerton -- Broadcasting & Cable, 7/21/2010 12:30:48 PM

The House Energy & Commerce Committee Wednesday approved HR 3101, a bill that updates disability access to communications services elements of the 1996 Telecommunications Act, but with changes that address some of the issues that industry had with the bill.  

The legislation, the Twenty-First Century Communications and Video Accessibility Act of 2010, now goes to the House floor for a vote. A Senate version has already passed out of the Senate Commerce Committee. 

Among other things, the bill requires the captioning of any online video that is closed captioned on TV, and asks the FCC to study captioning of Web-original video. It also requires smart phones and other mobile devices to be accessible to the disabled, if that is achievable, and restores the FCC's video description rules thrown out by the courts in 2002.

What passed Wednesday in the House committee was a substitute bill reflecting talks with stakeholders, including industry players, said Communications Subcommittee Chairman Rick Boucher (D-Va.).  

Rep Ed Markey (D-Mass.), sponsor and driving force behind the bill, outlined some of the changes that give industry more flexibility. He pointed out that the new version now exempts live or "near live" programming from video description, provides program owners and distributors an exemption from descriptions if they would be "economically burdensome." And while it also expands the original top 25 market mandate for descriptions to all media markets, it does that over six years, Markey pointed out, and gives the FCC the ability to grant waivers for markets where it deems that appropriate.

Applying the captioning only to TV shows on the net and not original video was also a concession in the new bill. Equipment manufacturers will be able to comply with accessibility requirements both by imbedding the functions, "if achievable," he pointed out, or alternately with third-party solutions--software, add-ons--also if achievable, Markey pointed out. 

"We made clear that the bill does not require accessibility of every device for every disability," Markey said. That had been one of the Consumer Electronics Association's big issues with the original bill. That means that not all devices have to offer all functions, for example.  

Rep. Cliff Stearns (R-Fla.), ranking Republican on the Communications subcommittee had problems with the earlier version of the bill, saying its scope was "extremely broad." But he supported the new version, and spent some time explaining why. He said a key change was the new language "explicitly stating" that the "relevant sections shall not be construed to require every feature and function of every device or service to be accessible disability."  

He said the new bill "creates goals rather than technological mandates," including preventing the FCC from mandating the use of proprietary technologies." Also important for Stearns was the "achievable" threshold that "strikes a balance between a the "readily achievable standard" in the current law and the "undue burden" standard in the original bill.  

Stearns also applauded changes that meant proposed accessibility measures relied more on advisory committees and industry-developed standards subject to FCC oversight. The bill also gives makers of mobile DTV devices another two years to meet accessibility requirements, and three years for smart phone makers to make their Internet browsers accessible.  

While the new version of the bill allows the FCC to expand the number of hours that have to be video described, it won't get that authority for another decade, and must first explain that proposal to Congress. Stearns said he was still concerned that the bill does not apply the same "achievable" standard to closed captioning, video descriptions and emergency information on devices with screens 13 inches and larger that it does to smaller ones, but he pointed out that the FCC can still grant waivers. "this legislation is not perfect and I still have concerns," he said.  

Rep. Rick Boucher (D-Va.), chairman of the Communications Subcommittee, also pointed out that the FCC has the authority to exempt small business like start-ups from the accessibility requirements "to assure that these requirements do not at all hinder the origination of innovative companies."

Broadband trade association USTelecom gave a shout-out to the bill.

"We congratulate the Committee for passing this important bill, which will help Americans with disabilities have greater access to a wide range of communication technologies," said USTelecom President Walter McCormick Jr. "We were delighted to work with Representative Markey and the Committee to develop a bill that provides a sound and sensible roadmap for achieving greater accessibility, and we are proud to support the legislation."  

Also approved was a Markey amendment for the FCC to distribute $10 million per year--paid by industry--for technologies to help those who are blind and deaf. That includes technology that translates the Web into brail, pointed out Rep. Cliff Stearns (R-Fla.) in supporting the measure.

Energy & Commerce Committee Chairman Henry Waxman (D-Calif.) praised what he said was a bipartisan effort that was "the way Congress ought to work."  

National Cable & Telecommunications Association President Kyle McSlarrow also  applauded passage and praised the process, while suggesting the bill could use a little more work.  

"We applaud Committee approval of H.R. 3101 and wish to thank Chairman Waxman and Ranking Member Barton for establishing a constructive process that has allowed all parties to share their views," he said. "We appreciate that today's bill includes a number of improvements to clarify obligations that focus on identifiable, achievable goals.  We look forward to continuing to work constructively with the Committee and all members of Congress on additional ideas that can accomplish our shared goal of improving access for persons with disabilities and providing greater certainty to affected providers."

"We applaud the bipartisan action on the amended H.R. 3101, as it provides individuals with disabilities access to technology and allows innovators more flexibility than the bill as originally introduced,"said Consumer Electronics Association President Gary Shapiro, who had been arguably the toughest critics of the original bill. "The amended bill sets goals for accessibility; bars mandating proprietary technology; creates allowance for a small business exemption; no longer requires all manufacturers' products to be accessible if products in the product line are accessible; creates an achievable standard for most requirements and relies on industry input and expertise for standards. We remain hopeful that other industry concerns will be addressed further in the process, including a requirement that would ban the sale of all video display screens over 13 inches that are not technically capable of rendering emergency information and video description in an accessible manner."

Waxman and Boucher both said the were hoping for swift floor action. They have been aiming for passage of a bill in both the House and Senate as close as possible to the July 26 anniversary of the Americans With Disabilities Act.