Existing Laws on Accessible Technology

Closed Captioning

Statute: Section 713 of the Communications Act, 47 U.S.C. § 613, available at http://www.gpoaccess.gov/

Requires that video programming distributors provide closed captioning on 100 percent of new, nonexempt English video programming. Exemptions are available for certain defined situations, for example, when the programming is primarily textual or primarily non-vocal music, and when compliance with the rule would result in an “undue burden,” meaning significant difficulty or expense. Requirements also are in place for pre-rule (before January 1998) programming and Spanish language programming. In addition, all video programming distributors must pass through captions of already captioned programs.

Regulations: 47 C.F.R. § 79.1, available at http://www.gpoaccess.gov/

47 C.F.R. §79.1(a)(1) defines “video programming” contained in FCC rules implementing Section 713. The goal of the new section is to capture video programming that is equivalent to television programming (e.g., shown over broadcast, cable, or satellite channels) but which, in the future, may be produced exclusively for web viewing.

47 C.F.R. §79.1(a)(2) defines “video programming distributor” as “[a]ny television broadcast station licensed by the Commission and any multichannel video programming distributor as defined in §76.1000(e) of [Chapter 47], and any other distributor of video programming for residential reception that delivers such programming directly to the home and is subject to the jurisdiction of the Commission.” A “multichannel video programming distributor” is defined as “an entity engaged in the business of making available for purchase, by subscribers or customers, multiple channels of video programming. Such entities include, but are not limited to, a cable operator, a BRS/EBS provider, a direct broadcast satellite service, a television receive-only satellite program distributor, and a satellite master antenna television system operator, as well as buying groups or agents of all such entities.”

Emergency Services

Statute: Title II of the Americans with Disabilities Act, 42 U.S.C. § 12134, availble at http://www.gpoaccess.gov/

Requires direct TTY access to Public Safety Answering Points (PSAPs).

Regulation: 28 C.F.R. § 35.162, available at http://www.gpoaccess.gov/

Statute: Section 225 of the Communications Act, 47 U.S.C. § 225, availble at http://www.gpoaccess.gov/ as added by Title IV of the Americans with Disabilities Act of 1990 (P.L. 101-336).

Requires common carriers to provide emergency access to PSAPs via Telecommunications Relay Services.

Hearing Aid Compatible (HAC) Telephones

Statute: Section 710 of the Communications Act, 47 U.S.C. § 610, availble at http://www.gpoaccess.gov/

The Telecommunications Act for the Disabled Act of 1982, as amended by PL 100-394, the Hearing Aid Compatibility Act of 1988 is codified at 47 U.S.C. § 610. This statute requires all essential telephones and all telephones manufactured in or imported into the United States to be hearing aid compatible. The mandates apply to all wireline and cordless telephones and certain wireless digital telephones. Hearing aid compatible telephones provide inductive and acoustic connections that allow individuals with hearing aids and cochlear implants to communicate by phone. To achieve inductive coupling, the telephone must emit sufficient electromagnetic energy to couple with a telecoil in the hearing aid or the cochlear implant processor. When activated, the telecoil converts the magnetic field into sound and the hearing aid or cochlear implant microphone is simultaneously turned off or reduced to eliminate or decrease any background noise or feedback that can make it difficult to hear speech. Acoustic coupling uses the microphone in the hearing aid or cochlear implant to pick up and amplify sounds from the telephone’s receiver. Under FCC rules, in order to be considered hearing aid compatible, telephones used with digital wireless technologies must also minimize electromagnetic interference, which has the effect of creating additional noise that makes it difficult to understand speech.

Telecommunications Equipment and Services

Statute: Section 255 of the Communications Act, 47 U.S.C. § 255, availble at http://www.gpoaccess.gov/

Requires telecommunications providers and manufacturers to make their services and equipment accessible to and usable by people with disabilities if readily achievable.

Telecommunications Relay Services (TRS)

Statute: Section 225 of the Communications Act 47 U.S.C. § 225,availble at http://www.gpoaccess.gov/ as added by Title IV of the Americans with Disabilities Act of 1990 (P.L. 101-336).

Requires common carriers to provide TRS nationwide. Among other things, this law requires carriers to make annual contributions based on their end-of-the-year revenues to a federally administered fund that supports the provision of these services (Interstate TRS Fund). It also requires all carriers to complete relay calls initiated by dialing 711 anywhere in the United States.

Television Decoder Circuitry Act

Statute: Television Decoder Circuitry Act of 1990 (Decoder Act), 47 U.S.C. §§ 303(u) and 330(b), availble at http://www.gpoaccess.gov/

Requires that television receivers with picture screens 13 inches or larger contain built-in decoder circuitry designed to display closed captioned television transmissions. The FCC has also applied this mandate to computers equipped with television circuitry that are sold together with monitors that have viewable pictures at least 13 inches in diameter, digital television sets that have screens measuring 7.8 inches vertically (approximately the equivalent of a 13-inch diagonal analog screen), and stand-alone DTV tuners and set top boxes, regardless of the screen size with which these are marketed or sold. The Decoder Act also requires the FCC to ensure that closed captioning services continue to be available to consumers as new video technology is developed.

Universal Service Fund

At present, the Lifeline/Link-Up programs provide discounts to individuals with low incomes for initial installation/activation fees and monthly fees associated with the provision of telephone service provided over the public switched telephone network (PSTN).

Administrative Actions: Report and Order and Notice of Proposed Rulemaking, In the Matter of Universal Service Contribution Methodology, No. 90-571 (FCC June 27, 2006).

Video Description

The Communications Act of 1996 authorized the FCC to conduct an inquiry to assess the appropriate means of phasing video description into the television marketplace. Although the FCC's response to this grant of authority was a modest requirement that broadcasters and other multimedia video programming providers in the top 25 major national markets provide video description on only four primetime programming hours per week, the broadcast and cable television industries successfully pursued litigation to overturn this mandate. As a consequence, currently there are no federal requirements to make television programming accessible through video description, nor is similar access to on-screen emergency information required.

Administrative Actions: Report and Order, In re Video Description of Video Programming, 15 F.C.C.R. 15230 (FCC July 21, 2000) (No. 99-339), as amended in part by, Memorandum Opinion and Order, In re Video Description of Video Programming, 15 FCCR 1251 (FCC Jan. 4, 2001) (No. 99-339).

Case Law: Motion Picture Association of America, Inc. v. Federal Communications Commission, 309 F.3d 796 (D.D.C. 2002) (unpaginated copy on FCC website)

This case struck down FCC rules governing the display of video description in video programming.

Video Receivers and Playback Devices

Statute: Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. § 794d, availble at http://www.gpoaccess.gov/

Requires the implementation of accessible controls in information and electronic technologies, including video equipment, purchased or used by the federal government.