• January 1, 2016: "Straight lift" clips - a single excerpt of a captioned program with the same video and audio as when the clip appeared on television
• January 1, 2017: Video montages that compile multiple straight lift clips
• July 1, 2017: Video clips of live and near-live television programming, subject to grace periods

1. The application of IP closed captioning rules to third-party distributors;
2. Whether to shorten or eliminate grace periods that apply to video clips of live or near live programming;
3. Whether to extend the rules to “mash-ups” of video clips from captioned programming and online only content; and
4. How to apply IP closed captioning rules to "advance" video clips that are posted online before being shown on TV.

Participating organizations will include: the American Association of People with Disabilities; Adobe Systems; Hearing Loss Association of America; IBM; the U.S. Department of Labor; University of Colorado, Boulder; and the U.S. Business Leadership Network. (A complete list of participating organizations can be found here.)

The Commission launched the Accessibility and Innovation Initiative in 2010, on the twentieth anniversary of the passage of the Americans with Disabilities Act, to push for improved access to technology for disabled citizens. Several months after the announcement of the Initiative, President Obama signed the Twenty-First Century Communications and Video Accessibility Act (CVAA) into law, imposing a variety of accessibility requirements on advanced communications products and services. The FCC has, on occasion, granted waiver requests for select devices including most recently for certain e-reader devices.

In late 2011, the FCC released a Report and Order implementing provisions of the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”) to ensure that people with disabilities have access to advanced communications services (“ACS”). Generally, ACS is one-way VoIP, electronic messaging (email, text, IM) and interoperable video conferencing.

The FCC has been implementing these requirements in stages over the past several years. The CVAA and the Report and Order complement longstanding rules that require equipment manufacturers and providers of telecommunications services (and more recently interconnected VoIP service providers) to make their products and services accessible to people with disabilities. In January, we issued a Client Advisory describing the requirements in detail.

Covered entities were required to file an annual certification with the FCC no later than April 1, 2013 that also acted as a registration as an ACS equipment manufacturer or service provider. The certification was required to identify a contact that can address consumer complaints. Before filing an informal complaint, an individual with or without a disability or a consumer group must file a Request for Dispute Assistance with the FCC containing specified information. The FCC will forward the Request to the identified contact person at the applicable manufacturer or service provider and begin a 30 day settlement process with the consumer.

These rules became effective on October 8, 2013. Once the FCC re-opens after the government shutdown, these Requests can be filed with the Commission. Covered entities should be prepared to address any Requests that may be filed.

The Coalition seeks a class waiver from the accessibility requirements for e-readers, such as Kindles, on the grounds that such devices are designed, marketed and used primarily for reading and not for ACS, although they may include some simple browsing and messaging capabilities (e.g., to email documents for viewing on the e-reader). The Coalition proposes that the waiver apply only to devices that: (1) have no LCD screen; (2) have no camera; (3) are not offered or shipped to consumers with built-in ACS client applications, though the devices may include a browser and social media applications; and (4) are marketed to consumers as reading devices and promotional material does not advertise the capability to access ACS.

The FCC's new disabilities access rules apply potentially significant new obligations to a variety of entities that may not otherwise consider themselves subject to the FCC's jurisdiction. These rules are being implemented in stages, with many obligations taking full effect in the next six months. Providers of advanced communications services and equipment manufacturers should review these obligations carefully to ensure that their services and equipment are compliant with the new requirements.

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The CVAA ensures persons with disabilities have access to digital, broadband and mobile innovations. As we have noted in prior posts, CVAA compliance obligations range from a requirement that mobile phone manufacturer and service providers ensure that web browsers on mobile phones can be accessed and used by the blind and visually impaired, to a closed captioning obligation for service and content providers using Internet protocol (IP) to deliver video programming and for certain consumer devices used to watch video programming, to accessibility, registration, recordkeeping, and product development requirements related to advanced communications services (e.g., electronic messaging services and other communications not traditionally subject to carrier regulation).

Compliance Deadlines Looming. Most importantly, the FCC staff presentation reminded affected entities that most of its compliance obligations, including full compliance with the advanced communications services requirements and mobile phone web browser accessibility, take effect on October 8, 2013. Most apparatuses used to view video programming must be capable of displaying closed captioning by January 1, 2014. Further, pending rulemaking proceedings include, among others, a new proceeding addressing the accessibility by individuals who are blind or visually impaired of user interfaces on digital apparatuses and navigation devices used to view video programming.

Broad Support for Increased Accessibility. In statements on the Report, Acting Chairwoman Clyburn and Commissioners Pai and Rosenworcel pointed out the importance of the CVAA in ensuring people with disabilities have access to video programming and new communications technologies and services, and applauded the work of FCC staff in implementing the CVAA. The FCC’s focus on enabling accessibility to new technologies and services by people with disabilities appears to be part of a bigger trend of ensuring universal access to new communications technologies. From the new E-Rate 2.0 proceeding that will ensure schools and libraries have access to high-speed broadband, to the ongoing Universal Service Reform proceeding that is expanding the availability of broadband service nationwide, it is clear that communications industry will continue to evolve for some time to come.