H.R. 3101 would ensure that individuals with disabilities have access to emerging Internet Protocol-based communication and video programming technologies in the 21st Century.
Detailed Summary
Twenty-first Century Communications and Video Accessibility Act of 2009 - Amends the Communications Act of 1934 to define: (1) "disability" to have the meaning given the term under the Americans with Disabilities Act of 1990; (2) "advanced communications" as interconnected VoIP (Voice over Internet Protocol) service, non-interconnected VoIP service, electronic messaging, and video conferencing; and (3) other specified terms.
Requires that equipment providing advanced communications via a built-in speaker provide an internal means for hearing aid use.
Redefines "telecommunications relay services." Requires interconnected and non-interconnected VoIP providers to contribute to the Telecommunications Relay Services Fund.
Requires, unless it would be an undue burden (significant difficulty or expense), that equipment and services for advanced communications be usable by individuals with disabilities. Requires, if that requirement is an undue burden, that the equipment or service be compatible with existing commonly used peripheral devices or specialized customer equipment, unless that requirement would be an undue burden.
Establishes an accessible products and services clearinghouse that is publicly available.
Authorizes Lifeline and Link Up programs and other federal universal service support mechanisms to be used for those telecommunications services, Internet access services, and advanced communications that are needed by individuals with disabilities.
Defines as eligible for universal service support certified programs that distribute equipment to make telecommunications service, Internet services, and advanced communications accessible by deaf-blind individuals.
Requires every provider of Internet access service and every manufacturer of Internet access equipment, unless it would be an undue burden, to make user interfaces accessible to individuals with disabilities.
Requires that apparatus that receives or plays back video programming and has a picture screen of any size be capable of decoding closed captioning, transmitting and delivering video description, and conveying emergency information. (Current law: (1) requires closed caption decoders only for apparatus having a picture screen that is at least 13 inches; and (2) does not require video description or emergency information conveyance capability.)
Requires that apparatus to record video programming retain and pass through closed captions and video descriptions.
Ratifies and considers in full force and effect the Federal Communications Commission's (FCC's) video description regulations contained in a specified Report and Order. Defines, for certain portions of this Act, "video programming" as including programming distributed over the Internet or by other means.
Requires video programming owners, providers, and distributors to convey emergency information accessibly to blind or visually-impaired individuals.
Requires that apparatus to receive or play back video, including using the Internet, allow control by individuals with disabilities and that on-screen menus be accompanied by integrated or peripheral audio output to enable control by blind or visually impaired individuals.
Requires each provider or owner of video programming and each multichannel programming distributor to ensure that video programming information and selection provided by means of a navigational device, guide, or menu is accessible in real-time by individuals with disabilities who are unable to read the visual display.
Status of the Legislation
Latest Major Action: 6/26/2009: Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.
Points in Favor
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Points Against
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Visitor Comments
Alan S. Petrillo
September 3, 2009, 12:24am (report abuse)This bill is a solution looking for a problem. A lot, perhaps all, of what it covers is already covered by ADA and by FCC rules. Practically everything this bill requires is already being done. It is obviously written by people who don't have a clue about the technology, and don't have staff with a clue either. Unfortunately, politics being what it is, I expect it will pass by a wide margin, and that will prove to have been a terrible mistake at some point in the future. Put me in the dissenting minority.
Needed
September 9, 2009, 7:49pm (report abuse)This amends law prior to current technology to allow all to understand. Video news online has no close captioninng and leaves the hearing disabled wondering what is being said. Try understanding sign language without close captioning if you are fortunate enough to have adequate hearing. Thats how the deaf feel with talking internet videos. Pass it by a wide margin.
CaptionEverywhere
September 18, 2009, 1:31pm (report abuse)Mr. Petrillo is wrong. The FCC has no mandate over the Internet and the ADA does not require captioning access on small screens or computers, except in individual cases. There is also no requirement making it easy to turn on captions (did you know that you have to turn of your cable box to turn captions on, in many HD cases). All of this must be addressed so that those of us with hearing loss are not left behind as technology advances. Please pass!
Tom G.
September 21, 2009, 3:48am (report abuse)Obviously Alan has either an ignorance or even blatant disregard for those Americans with impaired vision and hearing.
Alice G.
October 6, 2009, 5:01pm (report abuse)That Alan must not be aware that there are over 28 million people with hearing loss. It is only fair that these people have equal access to the same stuff that people who can hear get. Please pass this very important Bill. Thanks