Broadband Legislation
Update on Disability Accessibility in Congressional Bills

The U.S. House of Representatives passed 321:101 the “Communications Opportunity, Promotion and Enhancement Act of 2006,” (COPE, H. 5252) on 6/8/06. This bill – that primarily addresses cable TV franchise reform -- includes critical disability accessibility requirements. It would oblige Voice over IP (VoIP) services providers and equipment manufacturers to be compliant with relay services, with Sec. 255 accessibility and usability requirements, and with hearing aid compatibility. The House bill requires the FCC to develop regulations for these disability obligations, in consultation with The Access Board. Unfortunately, this requirement also allows the FCC to consider substitutes for VoIP services and products in complying with disability regulations, substantially weakening the statutory requirement. Left out also is re-instatement of the TV video description requirements for blind persons and a requirement to address the need for persons with hearing disabilities to be directly involved in FCC activities regarding the transition from analog to digital TV, a switch that is effective Feb, 17, 2009 when analog TV transmissions ends. It remains unclear whether digital-to-analog converter boxes will pass through closed captioning for viewers with analog TV sets receiving digital signals. Thousands of elderly persons and persons with hearing disabilities using analog TVs could be adversely affected in 2009.

Pending a committee vote, the Senate bill about broadband, the “Communications, Consumers’ Choice, and Broadband Deployment Act of 2006," (S. 2686), offers far stronger requirements for persons with disabilities. While the bill deals mostly with broadband deployment and other overarching telecom issues, it includes also an obligation for VoIP services providers and equipment manufacturers to be compliant with relay services, with Sec. 255 accessibility and usability requirements, and with hearing aid compatibility. Better yet, the troublesome “substitute product” language does not appear. As in the House bill, the FCC must develop regulations for these disability obligations in consultation with The Access Board. Of great importance in S. 2686 is the requirement to re-instate the TV video description requirement and to address this for the digital TV transition. Furthermore, the Senate measure establishes a Digital TV Working Group to address consumer needs regarding the transition from analog to digital TV. AAPD is urging the Senate committee with jurisdiction, the Senate Commerce, Science and Transportation Committee, to add further strong language to ensure the needs of persons with disabilities are addressed by this Digital TV working group and to require a report from the FCC on accessibility compliance.

The biggest bone of contention remains the subject of “network neutrality” a topic that generated a (failed) amendment on the House side, and that spawned a similar measure during Senate consideration of broadband deployment bills ( S. 2917) and that could derail passage of the legislation. S. 2686 requires a study of this topic, so that everyone knows what it means, and also directs the FCC to monitor and enforce anti-competitive broadband behavior, an activity they have previously successfully enforced. A committee vote is expected June 22 with a floor vote likely some time after July 4th, followed by a House-Senate Conference, likely to be contentious (the House does not want Universal Services Fund contributions by Internet service providers). It’s possible there could be a law this session. If it passes, we'll have some disability gains!

Action Step: You are strongly encouraged to show support for the disability accessibility provisions in S. 2686 by contacting any of the members of the Senate Commerce Committee directly: Senators Conrad Burns (MT), Ted Stevens (AK), Trent Lott (MS), Kay Bailey Hutchison (TX), Olympia J. Snowe (ME), Sam Brownback (KS), Gordon Smith (OR), John Ensign (NV), George Allen (VA), John Sununu (NH); Daniel Inouye (HI), John F. Kerry (MA), John Rockefeller (WV), Byron Dorgan (ND), Ron Wyden (OR), Barbara Boxer (CA), Maria Cantwell (WA).

Tell them:

1. hold fast to the current strong disability language in the 6/9/06 draft,
2. insure people with disabilities are part of the Digital TV working group, and
3. require the FCC to report on accessibility compliance.

For further information, please contact Jenifer Simpson at AAPD (aapdjenifer at aol dot com).