Accessibility for the Disabled

Let me begin by expressing how pleased I am to see the Federal Communications Commission’s Consumer and Governmental Affairs Bureau (CGB) move rapidly to certify states and territories for participation in the National Deaf-Blind Equipment Distribution Program, also known as “iCanConnect.” I will focus specifically on three proceedings that were circulated during the previous Administration, that if acted upon, can significantly improve the lives of those living with a disability. First, it is imperative that we act to increase the number of hours of video described programming. The Commission must also address improved accessibility of closed captioning. Third, we have an opportunity to improve how Americans with hearing loss, access wireline and wireless communications services.

US District Judge Robert Scola ruled that grocery chain Winn-Dixie Stores must make its website accessible to the blind, following an unprecedented trial over a gray area of accessibility law.

The decision adds momentum to a push by plaintiffs’ lawyers and disability-rights groups to make all consumer websites accessible to the blind and hearing-impaired. Uncertainty in the federal Americans with Disabilities Act and a lack of Justice Department guidance has created widespread confusion over whether websites must meet the same stringent accessibility standards as stores do. Plaintiffs’ lawyers have latched on to the ambiguity to launch hundreds of website accessibility lawsuits, most of which privately settle. The latest ruling “is definitely a game-changer,” said Minh Vu, a partner at Seyfarth Shaw LLP who represents companies facing accessibility claims and is not involved in the case. While the decision is only immediately applicable to Winn-Dixie, Ms. Vu said, it sends a signal to other companies that “there’s a very real possibility a judge could find this way.”

Recognizing innovative communications technology designed for people with disabilities, Federal Communications Commission Chairman Ajit Pai announced winners and honorable mentions of the sixth annual Chairman’s Awards for Advancement in Accessibility (Chairman's AAA).

2017’s winners include an app that can caption live conversations, automated image recognition for social media that tags images with descriptive text for those with limited sight, guidelines to script video content in ways that naturally describe on-screen action for those who cannot see it, and an audible video programing interface for people who are blind or visually impaired. In addition to the four winners, two honorable mentions were chosen.

As long as I’m Chairman, I can assure you that the Federal Communications Commission will continue to be an active and enthusiastic participant in the M-Enabling Summit. That’s because this Summit aligns perfectly with the FCC’s statutory mission and my personal priorities.

Since day one of my Chairmanship, I’ve said the Commission has no higher calling than extending digital opportunity to all Americans. Every citizen who wants to participate in our digital economy and society should be able to do so—no matter who you are. A big part of that is closing the digital divide in our country—connecting people who are being bypassed by the digital revolution. And the simple truth is, in too many instances, that divide persists, and is perhaps growing. That’s why I spent the past week on a road trip from Milwaukee (WI) to Casper (WY). Over 1,672 miles and nearly 20 stops, I personally heard from people in rural towns and Tribal areas about the need for high-speed connectivity in their communities. And I discussed ways the FCC could help.

Multichannel video programming distributors (pay-TV providers) have a July 10 deadline for making their TV Everywhere programming more accessible to the blind and visually impaired everywhere. The Federal Communications Commission's Consumer and Governmental Affairs Bureau was reminding those MVPDs this week that as of that date they are required to pass through a secondary audio stream of emergency information if they allow their subs to access linear (prescheduled) programming services via second-screen devices—laptops, phones—as part of their service, yet another step in the FCC's ongoing implementation of the Communications and Video Accessibility Act (CVAA) of 2010 requirement that emergency information in crawls and graphics that break into regular programming are accessible.

The definition of linear programming subject to the requirement is network programming that "can only be received via a connection provided by the MVPD using an MVPD-provided application or plug-in." So, it does not apply to programming that is only distributed via the internet (Netflix, Hulu) that is accessible by subs using either an MVPD-provided broadband connection or a third-party ISP connection.

Network neutrality continues to make headlines and draw millions of Federal Communications Commission comments, but the top organizations and companies lobbying the FCC have also been focused on other issues, such as the video relay service and fund for rural deployment. In recent weeks, the agency has received over 170 ex parte filings, or lobbying communications companies and associations make with agency staff and commissioners by phone, in person, or in writing. Here are the top five groups lobbying the FCC between May 8 and June 2:

• 1. Sorenson Communications and 2. ZVRS Holding Company: two providers of video relay services, which allow people with hearing disabilities to communicate by phone using sign language.
• 3. NCTA – The Rural Broadband Association submitted eight filings to the FCC, focused mainly on issues related to the Connect America Fund.
• 4. Benton Foundation submitted five filings focused on the net neutrality proceeding.
• 5. NCTA – The Internet and Television Association also submitted five filings on several topics including spectrum policy issues and paper versus electronic notice requirements for consumers.