21st CVAA Implementation: VPAAC to Meet Feb 9: Advanced Communications Services FNPRM Comments due Mar 12th

January 13, 2012.  Federal implementation of the 21st Century Communications and Video Accessibility Act of 2010 continues with a meeting and comments this first quarter of 2012.  A recent FCC Public Notice announced the next meeting of the Video Programming Accessibility Advisory Committee (VPAAC) is to be held on Thursday, February 9, 2012.  Again, like similar meetings last year, the VPAAC will meet from 9 am to 5 pm at the FCC, 445 12th St SW, Washington DC, and is open to the public and will be livecast the day of the event. The VPAAC is developing recommendations for accessibility of devices and TV programming, and related content. To request an accommodation, please e-mail fcc504@fcc.gov or call 202-418-0530 (voice) or 202-418-0432 (TTY). Read COAT previous story about resisting weakening of the rules.

Via another Public Notice the FCC set the Comments due date of Wednesday March 12, 2012 for responses to the Further Notice of Proposed Rulemaking FNPRM) for Advanced Communications Services (ACS) with the first responses due by Monday February 13, 2012 (CG Docket No. 10-213). Read previous COAT story -- "Where's FCC's Backbone?" -- on website here.

The ACS FNRPM comment period is in followup to the October 7, 2011 FCC release of rules to implement Section 104 (ACS accessibility) of the 21st CVAA. At that time, the FCC simultaneously adopted and released ACS rules and an FNRPM seeking further comment on certain provisions.

The 21st CVAA requires that providers of advanced communications services and manufacturers of equipment used for advanced communications services make their services and products accessible to people with disabilities, unless it is not achievable to do so.  Where it is not achievable to do so, these covered entities must make their services and equipment compatible with commonly used assistive technologies.  Section 717 requires new recordkeeping and enforcement procedures for these covered entities. 

The FCC's Advanced Communications Services (ACS) rules apply to non-interconnected VoIP services, electronic messaging services, and interoperable video conferencing services. The rules apply to companies that make or produce end user equipment, including tablets, laptops, and smartphones, and who are responsible for the accessibility of the hardware and manufacturer-provided software used for e-mail, SMS text messaging, and other ACS. They are also responsible to make accessible any software upgrades made available by such manufacturers for download by users. The new rules specify that, except for third-party accessibility solutions, there is no liability for a manufacturer of end user equipment for the accessibility of software that is independently selected and installed by the user, or that the user chooses to use in the cloud. Third party solutions for accessibiilty are allowed if available and if at a nominal cost.