FCC Proposes Rules On Accessibility for User Interfaces and Programming Guides

The FCC released an NPRM on accessibility for user interfaces and video programming guides, implementing Sections 204 and 205 of the 21st Century Communications and Video Accessibility Act (http://bit.ly/19qAKaI). As expected (CD May 1 p6), the NPRM released Friday proposed that Section 205, which governs video program guides for “navigation devices,” would apply to devices from multichannel video programming distributors, while Section 204, which governs user interfaces, would apply more broadly to other electronics that display or receive video.

Commissioner Ajit Pai concurred in part with the NPRM, and said that the proposal runs counter to the straightforward language in the CVAA. “The text of section 205 and the specific navigation-device carve-out from section 204 appear to apply to all navigation devices, regardless of whether they are supplied by MVPDs or obtained by consumers in another manner,” said Pai.

Both sections require that user interfaces on digital devices used to view video programming “be accessible to and usable by individuals who are blind or visually impaired,” said the NPRM. It said the sections also require devices to include “a mechanism that is reasonably comparable to a button, key, or icon” for activating the accessibility features, such as audio interface for visual menus. Section 204 requires all “appropriate” user functions to be accessible on the device, while 205 more narrowly requires on-screen text menus to be accessible, said the NPRM.

The NPRM defended applying Section 205 to MVPD devices because the language in the statute makes several references to devices “provided” to consumers or “placed in service.” “The phrase “placing in service” makes sense with respect to devices offered by MVPDs to their subscribers; it does not appear to have any applicability to devices sold at retail,” said the NPRM. It also offered another possible interpretation of “navigation devices” as any device that can access MVPD programming, including cellphones and other mobile devices. Since Section 204 exempts navigation devices, under that reading it might apply only to removable media devices such as DVD players, said the commission.

The NPRM sought comment on what constitutes an “essential” function that should be made accessible for users. The FCC Video Programming Accessibility Advisory Committee created a list of 11 such functions, including on/off, volume control and configuration of closed captions. The NPRM asked for comment on possible additional functions to be considered essential, such as V-chip control. “We do not believe that Congress intended to limit the accessibility of digital apparatus and navigation devices to the ‘essential’ features and functions, or to some but not to all features and functions that are typically accessed by and readily made available for consumers to use,” said the NPRM. CEA previously filed comments with the FCC debating the specifics of essential buttons. An association official had no comment Friday.

The NPRM also asked for comment on whether small cable operators should be exempted from the new rules. It asked about the meaning of language that would require MVPDs to make accessible devices available to consumers “on request.”