New Accessibility Law Signed by President Obama

The 21st Century Communications and Video Accessibility Act (PDF) was signed into law on October 8, 2010, after several years of drafting, revision, and tough final negotiation. The Act will apply accessibility requirements to a wide range of new digital media and communication technologies.  Here are just some of its provisions:

  • Requires accessible VoIP equipment and services
  • Requires built-in mobile phone browsers to be accessible
  • Establishes a clearinghouse of information on accessible products and services
  • Allocates $10 million per year for equipment used by deaf-blind customers
  • Establishes FCC advisory committees on Emergency Access and Video Programming Access
  • Requires additional captioning and video description, including some online content
  • Requires accessibility features on video devices, including access to content and menu navigation

The FCC has an ambitious agenda to deliver regulations for all these provisions over the next few years.  The work of the advisory committees will determine some of the details in that direction.  But looking at the big picture, this Act will transform how manufacturers, service providers, and consumers address accessibility.  The Coalition of Organizations for Accessible Technology (COAT) drafted the original bill, lobbied for it, negotiated over it, and deserves most of the credit for a visionary yet pragmatic piece of legislation.

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US Department of Justice Seeks to Extend ADA to More Technologies

As part of the 20th anniversary of the Americans with Disabilities Act (ADA), the Department of Justice has released 4 Advance Notices of Proposed Rulemaking (ANPRMs) asking for public comment on whether and how to extend the ADA to cover:

  • Web Information and Services
  • Movie Captioning and Description
  • Next Generation 9-1-1
  • Equipment and Furniture

All 4 are intended to apply to both public and private environments.  The ANPRMs will collect comments from the public, and will be followed by more steps leading to new regulations.

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Is the web actually more accessible nowadays?

Here’s an interesting report on what might be called “accessibility backsliding”: http://informahealthcare.com/doi/abs/10.3109/17483100903387424. Apparently some universities improve their web accessibility at one point in time (often when they have external training and support), but then fall behind when the external support goes away or internal motivation fades, and when new technologies jeopardize access, unbeknowst to the developers.

Add to this a study of Greek public websites that seem to have declined in accessibility over a 4-year period, possibly due to having more inaccessible Flash and uncaptioned videos: http://www.springerlink.com/content/l23x52751j3v1557/?p=c1456fad679f4d79bf353d68ae78e12d&pi=5

and we may come to question any assumptions about continual progess.  Accessibility tools are definitely improving, so it’s probably true that it’s easy to create sites with exemplary accessibility, and maybe there are more such sites than there used to be. But it may also be true that the continuum is stretching out in the other direction at the same time: there are more inaccessible sites than there used to be, and their number is growing faster.

(Of course, this all raises the question of what an “accessible site” is, but I’m going to leave that alone for now.)

What if we were to think of inaccessibility as analogous to an infectious epidemic?  We have infectious agents — web technologies — that are both permeating the environment and rapidly mutating.  We have populations, most of which are immune but some of which are susceptible to the inaccessible features.  We have some individuals and organizations performing the role of medical researchers: identifying new jeopardies, developing diagnostic tests and clinical solution, and they are under-resourced.  But we have almost no one scanning the entire environment from a “public health” perspective: how many new cases, what is the rate of cure of different treatments, etc.

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Access Board Releases New Accessibility Rules for Comment

On March 22, 2010, the US Access Board released its draft ICT accessibility rules, for public comment.  This is the next milestone in updating both Section 255 and Section 508 regulations.  This draft is called an Advance Notice of Proposed Rulemaking.  Comments on it will be factored into a future Notice of Proposed Rulemaking, which will have another comment period for revision, followed by the final rules and an implementation timetable.

We encourage industry and consumers alike to participate in this dialogue as we seek to make all forms of ICT accessible.

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National Broadband Plan drenched in accessibility!

The FCC released its National Broadband Plan (PDF), and accessibility advocates should be congratulating themselves on all the accessibility recommendations in it.  It includes almost all of the provisions found in the COAT bill, and adds a few more: a high-level Broadband Accessibility Working Group, exhortations to fully implement Section 508, exploration of network-based accessibility services like NPII, and enough other technological and policy initiatives to keep us experts all employed forever offer an almost utopian vision of a fully accessible ICT universe.

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FCC snags key accessibility expert

The FCC has announced that Karen Peltz Strauss will become the Commission’s new Deputy Bureau Chief of the Consumer and Government Affairs Bureau.  Karen is a long-time expert and advocate on access, having worked with Gallaudet University, the Telecommunications Access RERC, and COAT.  She has been involved in every aspect of accessibility legislation and regulation for more than 30 years, including authoring key sections of the ADA and the Telecom Act.  Karen was the first head of the FCC’s Disability Rights Office.  She authored A New Civil Right, a comprehensive history of telecommunications accessibility.  Her appointment is a signal from the Obama administration and FCC Chairman Genachowski that accessibility will not be shunted aside, but will be built into the fabric of US technology policy as it seeks to expand access to broadband to all citizens.

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