Legislation

• 21st Century Communications and Video Accessibility Act Public Law 111-260
  • Twenty-First Century Communications and Video Accessibility Act of 2010, Pub. L. No. 111-260, 124 Stat. 2751 (2010) (as codified in various sections of 47 U.S.C.). The law was enacted on October 8, 2010 (S. 3304, 111th Cong.). See also Amendment of Twenty-First Century Communications and Video Accessibility Act of 2010, Pub. L. 111-265, 124 Stat. 2795 (2010), also enacted on October 8, 2010 (S. 3828, 111 th Cong.) making technical corrections to the CVAA.
  • House Summary
    • Definitions. Section 101. -Adds definitions to the Act as follows:
      • Disability -This has the same meaning as in the Americans with Disabilities Act and Section 255 of the Communications Act.
      • Interconnected VoIP Service -This definition has the same meaning as in the FCC's regulations.
      • IP-enabled communication service -This definition encompasses interconnected VoIP service and includes transmission services that have the purpose of conducting voice, text, or video conversations, interactive voice response systems, and other similar communication-based services.
    • Access to Internet-Based Services and Equipment. Sec. 104. - This section builds upon authority contained in Section 255 of the Communications Act, which generally requires telecommunications service providers, as well as interconnected VoIP providers and manufacturers, to make their services and equipment accessible to and usable by people with disabilities. This section creates new safeguards for Internet-based communications technologies (equipment, services and networks) to be accessible by people with disabilities, unless doing so would result in an undue burden. Where an undue burden would result, manufacturers and providers must make their equipment and services compatible with specialized equipment and services typically used by people with disabilities. The term "undue burden" has the same meaning given it in the Americans with Disabilities Act.
      This section also contains measures to improve the accountability and enforcement of disability safeguards under Section 255 and the new Section 255A, including directives for new FCC complaint procedures, reporting obligations for industry and the FCC, the creation of a clearinghouse of information on accessible products and services by the U.S. Access Board and National Telecommunications and Information Administration (NTIA), and directives for enhanced outreach and education by the FCC and NTIA.
      Sec. 104 also clarifies that the transmission and receipt of text messages sent by radio to and from mobile wireless devices are telecommunications services, and therefore must comply with the accessibility obligations under Section 255 and the new accountability measures under Section 255B.
    • Universal Service. Sec. 105. - This section makes consumers with disabilities - as a distinct group -eligible to receive universal service support through two specific measures. First, it grants the FCC authority to designate broadband services needed for "phone communication" by people with disabilities as services eligible to receive support under the existing Lifeline and Linkup universal service programs. For example, this would include deaf individuals who are otherwise eligible for Lifeline and Linkup support, but who rely on Internet-based video relay services or point-to-point video for their telephone communications. Second, it grants authority to the FCC to designate programs that distribute specialized equipment used to make telecommunications and Internet-enabled communication services accessible to individuals who are deaf-blind, as eligible for universal service support. Such support, however, is capped at $10 million per year.
  • October 08, 2010 Remarks by the President at the Signing of the 21st Century Communications and Video Accessibility Act of 2010
  • H.R.3101 -- Twenty-First Century Communications and Video Accessibility Act of 2010 | S 3304 - Bill Summary and Status

Links

• National Association of the Deaf statement
• Verizon Statement

Regulatory Proceedings

• CONTRIBUTIONS TO THE TELECOMMUNICATIONS RELAY SERVICES FUND. Implementation of the Twenty-First Century Communications and Video Accessibility Act of 2010, Section 103(b), Contributions to the TRS Fund. (Dkt No.  11-47 ). Action by:  the Commission. Adopted: 03/02/2011 by NPRM. (FCC No. 11-38).  CGB TXT Adopted: March 2, 2011 Released: March 3, 2011

Extended: Submit comments on or before  April 25, 2011. Submit reply comments  on or before May 23, 2011. 

Introduction

"1. With this Notice of Proposed Rulemaking ("NPRM"), we initiate a proceeding to adopt rules that will implement Section 103(b) of the "Twenty-First Century Communications and Video Accessibility Act of 2010" ("CVAA").

2. Section 103(b) of the CVAA amends Title VII of the Communications Act of 1934, as amended (the "Act"), by adding a new Section 715, which requires the following:

Within one year after the date of enactment of the Twenty-First Century Communications and Video Accessibility Act of 2010, each interconnected VoIP service provider and each provider of non-interconnected VoIP service shall participate in and contribute to the Telecommunications Relay Services Fund established in section 64.604(c)(5)(iii) of title 47, Code of Federal Regulations, as in effect on the date of enactment of such Act, in a manner prescribed by the Commission by regulation to provide for obligations of such providers that are consistent with and comparable to the obligations of other contributors to such Fund.

3. Currently, providers of interstate and international telecommunications services and interconnected voice over Internet protocol ("VoIP") service contribute to the Telecommunications Relay Services Fund ("TRS Fund"). Section 715 specifies a new category of VoIP providers who must contribute to the TRS Fund: providers of "non-interconnected VoIP service." With this NPRM, we propose to: (1) amend Section 64.601(a) of our TRS rules to conform the definition of "interconnected VoIP service" with the definition in the CVAA and to define "non-interconnected VoIP service"; (2) amend Section 64.604(c)(5)(iii)(A) to specifically require interconnected and non-interconnected VoIP service providers to contribute to the TRS Fund in a manner that is consistent with and comparable to the obligations of other contributors to the Fund; (3) amend Section 64.604(c)(5)(iii)(B) to apply the $25 per year minimum contribution requirement only to contributors who have subject revenues; and (4) make other editorial changes deemed appropriate and necessary. As discussed below, we seek comment on issues relating to the provision of free services, administrative costs of providers, possible zero and de minimis contributions, registration requirements, the completion and submission of Telecommunications Reporting Worksheets (FCC Form 499-A), adopting an interim safe harbor percentage for calculating interstate end-user revenues, reporting billed or collected revenues, and the implementation deadline.

• Released:  01/03/2012.  CONSUMER & GOVERNMENTAL AFFAIRS BUREAU AND WIRELESS TELECOMMUNICATIONS BUREAU ANNOUNCE PLEADING CYCLE FOR COMMENTS AND REPLY COMMENTS ON ADVANCED COMMUNICATIONS PROVISIONS OF THE TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010. (DA No.  12-1). (Dkt No 10-213 96-198 10-145 ). Comments Due:  02/13/2012. Reply Comments Due:  03/14/2012.  CGB WTB . TXT
  
• CLOSED CAPTIONING OF INTERNET PROTOCOL-DELIVERED VIDEO PROGRAMMING: IMPLEMENTATION OF THE TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010.   Granted In Part the Motion for Extension of Time. (Dkt No.  11-154 ). Action by:  Chief, Media Bureau. Adopted: 10/21/2011 by ORDER. (DA No. 11-1766).  MB TXT
• ERRATUM - VIDEO DESCRIPTION: IMPLEMENTATION OF THE TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010. Issued a Second Erratum correcting Report and Order, FCC 11-126, released August 25, 2011. (Dkt No. 11-43 ). Action by: Chief, Media Bureau by ERRATUM. (DA No. 11-1677). MB TXT
• VIDEO DESCRIPTION:  IMPLEMENTATION OF THE TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010.   Reinstated the rules requiring large market television broadcast stations and MVPDs to provide video described programming, and other stations and systems to pass through description they receive. (Dkt No.  11-43 ). Action by: the Commission. Adopted:  08/24/2011 by R&O. (FCC No. 11-126).  MB TXT TXT TXT
• Fed Reg  FEDERAL COMMUNICATIONS  COMMISSION 
  47 CFR Parts 1, 6, 7, and 8  [CG Docket No. 10-213; WT Docket No. 96-  198; CG Docket No. 10-145; DA 11-595]
    Implementing the Provisions of the  Communications Act of 1934, as  Enacted by the Twenty-First Century  Communications and Video  Accessibility Act of 2010 
  AGENCY: Federal Communications  Commission. 
  ACTION: Notice of proposed rulemaking;  extension of comment period.
  SUMMARY: In this document, the  Commission extends the comment and  reply comment period deadlines. This  action is taken in order to provide a  limited extension to serve the public  interest by allowing parties additional  time to fully and carefully analyze the  Notice of Proposed Rulemaking  proposing to adopt rules that implement  provisions in section 104 of the  ''Twenty-first Century Communications  and Video Accessibility Act of 2010.'' 
  DATES: Submit comments on or before  April 25, 2011. Submit reply comments  on or before May 23, 2011. 
• ERRATUM - VIDEO DESCRIPTION: IMPLEMENTATION OF THE TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010.   Issued an Erratum correcting Notice of Proposed Rulemaking, FCC 11-36, released March 3, 2011. (Dkt No.  11-43 ). Action by:  Chief, Media Bureau by ERRATUM.  MB TXT

News

• VoIP Coalition Warns of Excessive Regulation, Telecom Law Monitor 6/9/2011
• Update: New Comment Deadlines In VoIP/Accessibility Proceeding, CommLawBlog 4/14/2011
• For VoIP Providers: Warning - Steep (Regulatory) Incline Ahead, CommLawBlog 4/4/2011