5 – CVAA
21st Century Communications and Video Accessibility Act of 2010
On October 8, 2010, President Barack Obama signed into law the 21st Century Communications and Video Accessibility Act of 2010 (CVAA). CVAA updates the Communications Act and establishes new safeguards for disability access to ensure that people with disabilities are not left behind as technology changes and the United States migrates to the next generation of Internet-based and digital communication technologies.
There are two sections that stand out for most people with hearing loss: the section requiring telephones that are used with the Internet to be hearing aid-compatible; and the section that ensures that people with disabilities will have access to commercial video programming presented on the Internet. Under the new law, once a television program is published or exhibited on television with closed captions, any subsequent distribution of that programming on the Internet must include closed captions.
- There is more to the law, including requirements for video description for people with vision loss. Here is a quick summary of some of the provisions:
- Requires telephones used with the Internet to be hearing aid-compatible;
- Allocates up to $10 million per year from the Interstate Relay Service Fund for equipment used by individuals who are deaf-blind;
- Restores Federal Communication Commission (FCC) rules requiring video description;
- Requires devices designed to receive or play back video programming, using a picture screen of any size, to be capable of displaying closed captioning, delivering available video description, and making emergency information accessible to individuals who are blind or have low vision. The exception is that devices with picture screens less than 13” must meet these requirements if achievable with reasonable effort or expense;
- Requires devices designed to record video programming (such as DVRs) to enable the rendering or pass through of closed captions, video description and emergency information, so viewers can turn the closed captions and video description on/off when played back on a screen of any size; and
- Requires devices designed to receive or play back video programming to provide access to built-in closed captioning and video description features through a mechanism that is reasonably comparable to a button, key or icon designated for activating the closed captioning or accessibility features.
When Does the New Law Take Effect?
Different sections of CVAA take effect at different times. The law also provides for an Advisory Committee, which was established April 2011. A report of the committee’s recommendations and findings on closed captioning was due October 2011. The FCC was then directed to revise its regulations and adopt a phase-in schedule no later than six months after the Advisory Committee submits the closed captioning report.
Schedule:
- Advisory committee established: 4/8/2011
- Advisory committee report due: 10/8/2011
- Begin phase-in of closed captioning for the Internet: 4/8/2012
- Equipment phase-in (devices smaller than 13” to display captions, closed captioning buttons on remote control devices, video description decoding) between 4/2012 and 10/2012
Resource
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, S.W.
Washington, DC 20554