21st Century Communications and Video Accessibility Act-Disability friendly Internet phones, video

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Democrat wants to require disability-friendly Internet phones, video

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Posted by Anne Broache

At the moment, most TVs and telephones must be outfitted with special

features for people with hearing, vision, and speech impairments

under U.S. law. Now an influential Democratic congressman wants to

expand those requirements to their Internet counterparts.

The bill (PDF) being drafted by Rep. Markey (D-Mass.) would

require, at least in some cases, dramatic changes in the way Internet

phone- and video-related products are designed, while making it more

difficult than under existing law for companies to claim exemptions

from those requirements.

" The wizardry of the wires and the sophistication of the software

programs do little for those who cannot affordably access or

effectively use them, " Markey said at a hearing here Thursday

convened by the House of Representatives telecommunications and

Internet panel he leads. " Our job as policymakers is to help ensure

such affordable access and utilization, and this is what the draft

legislation I have circulated is intended to do. "

In some ways, the effort would simply build upon steps already taken

by policymakers in recent years. Last summer, for instance, the

Federal Communications Commission decided that voice-over Internet

protocol providers whose services connect to the public-switched

telephone network, such as Vonage, would be required to make their

services compatible with hearing aids and telecommunications relay

services, just as traditional phone operators do.

The Markey bill would extend those obligations to Skype-like

equipment that allows users to swap voice, text, or video

communications via Internet protocol technology. It would also go a

step further, requiring them to support standard " real-time text "

communication, an interactive data transmission method that

replicates the feel of voice conversations more closely than instant

messaging.

The bill also contains new rules for manufacturers of any gadget

designed to receive or display video programming, be it Internet-

based or otherwise. They would generally be required to equip those

devices with the ability to decode and display closed captions, to

deliver " video description " services (that is, oral narration

designed for the blind and visually-impaired), and to present typical

ticker-style emergency messages in a way that's accessible to the

blind and visually impaired.

Furthermore, the devices would have to be designed so that on-screen

menus are accessible in real-time to individuals with disabilities,

and all remote controls would have to contain a " conspicuous " buttons

for activating closed captioning.

Disabilities community weighs in

A variety of disabilities advocates voiced support for the bill at

Thursday's hearing. (Its working title is the 21st Century

Communications and Video Accessibility Act, although it has not yet

been formally introduced.)

At the moment, federal rules require all TVs with screens larger than

13 inches to contain chips to display closed captions. But that's no

longer sufficiently stringent as the popularity of videos delivered

via cell phones, laptops, and MP3 players surges, said

Harvard, a deaf actor who played Day ' adult-age son in

the -nominated film There Will Be Blood.

" I and others who cannot hear are left out of this whirlwind of

technological change (because) hardly any of these smaller devices

display closed captions, " Harvard said, urging Congress to take

closed captioning law " to its next level. "

" I and others who cannot hear are left out of this whirlwind of

technological change (because) hardly any of these smaller devices

display closed captions. "

Jamaal , an Atlanta Falcons defensive end, recalled that at

draft time last year, his mother was forced to " interpret " video

clips of him that appeared on Web sites of National Football League

teams and news organizations for the benefit of his father, Glenn,

who holds the distinction of being the first PhD recipient to be deaf

and black.

U.S. Army Sgt. Major Acosta, a longtime soldier who lost his

right eye and vision in his left eye during a mortar explosion in

Iraq two years ago, said it's not acceptable that of his three

favorite television shows--CSI: Miami, CSI: New York, and CSI: Las

Vegas--only one of them has descriptive audio. The Southern

California resident, who spoke on behalf of the American Council of

the Blind, said he was also dismayed that crawling alerts on his TV

screen about potential emergencies, like earthquakes or mudslides,

went by unbeknownst to him unless a family member of friend happened

to be there to relay the message.

In 2002, the Federal Communications Commission set rules that

required video operators to provide that video description service,

but a court overturned those rules, arguing that they were contrary

to Congress's intent. Part of Markey's bill attempts to restore those

rules, which Acosta, who spoke on behalf of the American Council of

the Blind, applauded.

New regulations: Necessary or not?

Democrats on the committee generally seemed to support Markey's

plans, voicing concern about excluding people with disabilities from

new technologies. Some Republicans, however, said that although they

shared Markey's goals, they were skeptical about the need for new

legislation.

" New regulations may not be needed because the technology and

wireless industries are already taking the necessary steps to make

sure their products and applications are indeed accessible to all

people, " said Rep. Cliff Stearns (R-Fla.), the panel's ranking

member.

Some Internet video providers, including NBC and Fox's joint Hulu.com

venture and Apple's iTunes store, already offer captioned

programming. Last fall, AOL, Google, Microsoft and formed a

coalition called the Internet Captioning Forum, coordinated by public

broadcasting station WGBH in Boston, that's designed to standardize

captioning practices for Web hosts and content providers.

" I think they have figured it out, " Larry Goldberg, WGBH's director

of media access, said of that effort at Thursday's hearing. " What

they need to figure out is how to make it pervasive, " and Markey's

legislation should help " light that fire " under those companies.

Wireless companies, for their part, already make phones that use

voice recognition, software that will " read out " or magnify screen

information, and other features designed to help sensory-impaired

users, said Dane Snowden, vice president of external and state

affairs for CTIA-The Wireless Association. All cell phones are

compatible with TTY, also known as Text Telephone Device, which

allows deaf or hard-of-hearing people to communicate through text,

and about 40 phone models are compatible with hearing aids, he added.

" If we can sell products that are more accessible, we sell more

products, " Snowden told the committee. " We have a vested interest in

this and a proven track record. "

His group, which represents major wireless carriers and

manufacturers, supports the concept of Markey's legislation but

believes the current draft would " unnecessarily burden the industry

with little countervailing benefit to the disability community, "

Snowden said.

Another potential problem with the bill is that it allows unhappy

customers to file private lawsuits alleging violations of the

disability requirements, said Ken Nakata, a former U.S. Department of

Justice civil rights attorney who now works for the consulting firm

BayFirst Solutions in Seattle.

Such a policy could actually undermine the rights of people with

disabilities, he argued. It was, after all, private litigation that

led to what he called a " disaster for the disability rights movement " -

-a court opinion in a case involving Southwest Airlines' Web site

that essentially found the Americans with Disabilities Act applies

only to physical spaces, not businesses on the Web.

Markey indicated he would consider the suggestions as the bill is

finalized and said he hoped legislation could be passed by year's

end. A committee aide told CNET News.com that he expects the bill to

be introduced formally before Congress' Memorial Day recess.