Missed CVAA Deadline Shouldn’t Hurt Device Accessibility, Say CE, Consumer Groups

The FCC missed during the government shutdown a legislative deadline to approve accessibility rules for user interfaces and program guides (CD Oct 15 p1). That won’t necessarily mean negative consequences for consumers or the industry, said the American Foundation for the Blind (AFB), CEA and communications attorneys in interviews. The proposed user interface and program guide rules are mandated by the 21st Century Communications and Video Accessibility Act (CVAA). The FCC was required to implement them by Oct. 8, and companies were to be in compliance that same date with several previously approved CVAA rules.

The missed deadlines are a concern and might provide a built-in excuse for out-of-compliance manufacturers, but don’t necessarily mean fewer accessible devices, said AFB Vice President—Programs and Policy Paul Schroeder. “I'm not hitting a panic button.” Manufacturers have known about the CVAA regulations for a long time, and should have already been developing equipment that meets the requirements, said Schroeder. “They're aware of their responsibilities and what the user expectations will be."

FCC officials said it’s not clear when the accessibility rules for user interfaces and programming guides -- covered in sections 204 and 205 of the CVAA -- will be issued. But they said it would likely be before the end of the month, and one official said implementing sections 204 and 205 is a priority for the commission. The statute doesn’t contain any consequences to the commission for missing the CVAA deadline, and the commission official said it was unlikely legislators would impose any, since it occurred during the shutdown. Some industry observers said the proposed order was still being debated when the shutdown occurred. “I don’t believe that the commissioners were ready to vote that item at the time of the shutdown,” said Cinnamon Mueller cable attorney Barbara Esbin, who has represented the American Cable Association in the user interface CVAA proceeding.

CE officials said the delayed CVAA deadlines won’t have a big effect on the manufacturing side. “We believe it’s minimal -- it’s not something we would write a letter to Congress about,” said Telecommunications Industry Association Vice President-Government Affairs Danielle Coffey. Since manufacturers have known about the Oct. 8 deadline for so long, they're already prepared to comply with the CVAA order once it’s issued, Coffey said. She said the rules in the CVAA legislation took effect Oct. 8 as planned -- it’s the specifics of their implementation that still need to be spelled out by the commission.

CEA asked the commission for an implementation deadline of three years from the user interface rules being issued, and Vice President—Regulatory Affairs Julie Kearney said the association hoped the commission’s delay wouldn’t affect CEA member companies if the three-year deadline is included in the order. Esbin also said the delay won’t affect compliance for cable operators, and she plans to take advantage of the extra time before an order is handed down to continue lobbying the FCC. “Until a thing is voted, the record is open,” said Esbin. “We had planned to go in and continue to press our case for adequate time for small cable operators."

The shutdown had other effects on CVAA-related issues than simply missed deadlines, said attorney Blake Reid, who when he was at Georgetown University’s Institute for Public Representation represented Telecommunications for the Deaf and Hard of Hearing (TDI). “There are a number of other critical closed captioning issues, particularly regarding quality standards, that have sat on the back burner while the FCC was closed,” said Reid, now a law professor at the University of Colorado. Schroeder said that with the FCC website down for the shutdown, consumers couldn’t submit complaints related to CVAA rules, so it’s not clear if compliance deadlines have been followed. “The shutdown was extremely troubling, and I am thrilled that the dedicated public servants at the FCC will be able to return to their important work on behalf of people with disabilities,” said Reid. “Where justice is delayed, it is denied,” said TDI Director of Public Relations Jim House.