Broadband Law Advisor Blog : Broadband Lawyers & Attorneys : Davis Wright Tremaine Law Firm : National Broadband Plan Adoption & Infrastructure Updates

By Maria Browne and Brad Guyton

Updated September 12, 2012 at 10 AM EST

On August 17, the Federal Communications Commission (FCC) extended to January 1, 2014 the date for video programming providers (VPDs) to comply with new captioning functionality requirements imposed under the 21st Century Communications and Video Accessibility Act (CVAA). The functionality requirements, which enable the end user to manipulate the appearance of captions, apply to any VPD that provides applications, plug-ins or devices in order to deliver video programming.

The FCC declined, however, to extend the timeframe for complying with rules requiring the rendering or pass-through of closed captions. VPDs must meet the FCC’s rendering/pass-through requirements by the current deadline of September 30, 2012.

The FCC made these moves via an order that addressed two different waiver requests submitted by the Digital Media Association (DiMA). First, DiMA requested a limited waiver extending the deadline for compliance with various user configuration requirements for captions, including presentation, character color, character opacity, character size, fonts, caption background color and opacity, character edge attributes, caption window color, language, and preview and setting retention. The FCC granted a limited waiver of this deadline (moving it to January 1, 2014, as noted above), easing the nearly industry-wide burden on VPDs by providing additional implementation time. As a result, VPDs now have until 2014 to rewrite software or meet any other technical challenges to provide full captioning functionality.

Second, DiMA requested a limited waiver of rules regarding the rendering (that is, decoding closed captions for display) of captions by all VPDs that do not currently provide closed captioning. This request was denied by the FCC. Because not all VPDs needed the requested relief and the industry has been on notice about the upcoming requirements since the CVAA was passed nearly two years ago, the current deadline of September 30, 2012 will remain in effect. Thus, VPDs have until the end of this September to ensure that their software, applications, or plug-ins (or the devices upon which content is played) decode or pass through the required closed captions to display properly for the end user.
 

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By Maria Browne

The FCC’s Consumer and Governmental Affairs Bureau seeks public comment by July 25, 2012, to inform preparation of the FCC’s biennial report to Congress required by the Twenty-First Communications Video Accessibility Act of 2010 (CVAA), concerning the accessibility of telecommunications and advanced communications services and equipment to individuals with disabilities. Specifically, the FCC seeks comment on, among other things:

• The level of compliance with Sections 255, 716, and 718 of the Communications Act (Act) by telecommunications and interconnected VoIP providers, as well as providers of advanced communications services, such as text messaging, video conferencing and non-interconnected VoIP;
• An evaluation of the extent to which any accessibility barriers still exist with respect to new communications technologies; and
• An assessment of the effect of the recordkeeping and enforcement provisions of Section 717 of the Act on the development and deployment of new communications technologies.

Links to the Public Notice:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1125A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1125A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-1125A1.txt

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Earlier this month, the Video Programming Accessibility Advisory Committee (VPAAC) released its Reports on Video Description, Access to Emergency Information, and User Interfaces, Video Programming Guides and Menus.  These reports respectively summarize the VPAAC's investigation and recommendations regarding these topics.

This week, the FCC announced that it is seeking the public's general reactions to these reports. 

With respect to access to emergency information and video description, the FCC has asked for general feedback:

We seek comment on the portions of the VPAAC Second Report that address access to emergency information and device capabilities with respect to the provision of video description and emergency information. How should these portions of the VPAAC Second Report inform our forthcoming rulemakings? In particular, we ask commenters to indicate whether they agree with the pertinent recommendations in the VPAAC Second Report, and if so, why. Are there additional issues that the Commission should consider as it prepares to commence these rulemakings?

Initial comments are due May 24.  (Full press release availabler here.)

 The FCC's request for comment on the VPAAC's report related to user interfaces, video programming guides and menus is essentially the same:

We seek comment on the portion of the VPAAC Second Report that addresses the above
issues pertaining to making user interfaces, video programming guides, and menus accessible on video programming apparatus and navigation devices. How should this portion of the VPAAC Second Report inform our Notice of Proposed Rulemaking about user interface, video programming guide, and menu accessibility? In particular, we ask commenters to indicate whether they agree with the pertinent recommendations in the VPAAC Second Report, and if so, why. Are there additional issues that the Commission should consider as it prepares to commence this rulemaking?  

Initial comments are also due May 24.  (Full press release available here.)

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By Maria Browne

Last week, the Federal Communications Commission’s proceeding to  consider proposed improvements to the structure and efficiency of the video relay service (“VRS”) program was published in the Federal Register, thus setting the deadline for initial comments by March 2, 2012, and replies  by March 19, 2012.

VRS allows persons with hearing or speech disabilities or who are deaf-blind to use American Sign Language to communicate in near real time through a communications assistant, via video over a broadband Internet connection. The stated goal of the FCC’s proposals is “to ensure that VRS provides functionally equivalent communications services to its users – particularly given advances in commercially-available technology – and remains immune from the waste, fraud, and abuse that has threatened its long-term viability.”

The FCC identified two fundamental flaws with the existing VRS program: (1) no real opportunity for VRS providers to compete for other providers’ VRS users, and (2) VRS users’ lack of access to off-the-shelf VRS access technology. The FCC has proposed numerous options to address these problems including

• Using the TRS Fund to provide discounted broadband Internet access to the VRS user community;
• Revising the compensation structure for marketing of VRS services;
• Creating VRS access technology standards that are conceptually similar to the part 68 standards for traditional CPE;
• Mandating off the shelf VRS technology;
• Funding iTRS access technology with TRS fund;
• Changing the current compensation mechanism to reduce incentives for fraud and abuse; and
• Establishment of a VRS user database.

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By James Smith and Danielle Frappier

The Federal Communications Commission (FCC) yesterday (Jan. 31, 2012) adopted its long-awaited Report and Order and Further Notice of Proposed Rulemaking (Order and Rulemaking) reforming and modernizing the federal Low Income program, with the goals of preserving this important program while introducing significant program funding reductions and cost savings. The Order sets a savings target of $200 million in 2012, and seeks to save up to $2 billion over the next three years.

As we have described in our Mar. 7, 2011 and Aug. 9, 2011 advisories, the Low Income component of the Universal Service program has provided subsidies for telephone services to low income Americans by paying a portion of their monthly recurring charges (Lifeline) and service activation fees (Link Up).

The full text of the FCC’s Order has not yet been released; we will provide a more detailed report when it becomes available. Based upon the FCC’s brief News Release, FCC Commissioner and staff statements during the FCC’s meeting and a subsequent press conference yesterday, we can report the following key elements of the Order:

(Continuing reading here)

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UPDATE: Our DWT Advisory on the IP Closed Captioning Report and Order is now available here.

This afternoon, the FCC released its long-anticipated Report and Order that sets forth the Commission’s new closed captioning rules for IP-delivered video programming, pursuant to the 21st Century Communications and Video Accessibility Act (CVAA). As we explained when the rules were first proposed in September, the CVAA had directed the FCC to establish how and when certain IP-delivered video programming must be captioned, as well as the closed captioning capabilities for devices used to view video programming. The R&O adopts closed captioning requirements for owners, providers, and distributors of IP-delivered video programming; a safe harbor technical standard and delivery format for IP video captions; a staggered compliance schedule; complaint rules; and requirements for manufacturers of devices used to view the video programming at issue.

We are currently reviewing this comprehensive rulemaking, and will post our in-depth review next week, both here and on our DWT Advisories page.

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