CNIB Submission to Let S Talk TV

CNIB Submission to Let’s Talk TV

Response to Broadcasting Notice of Consultation CRTC 2014-190

Prepared by:

Marc Workman

National Manager of Advocacy, CNIB Introduction

1. CNIB (the Canadian National Institute for the Blind) is a registered charity that provides community-based support, knowledge, and a national voice to ensure that Canadians who are blind or partially sighted have the skills, confidence, and opportunities to fully participate in life.

2. CNIB is pleased to submit the following comments concerning the accessibility of the Canadian broadcasting system to those who are blind or partially sighted. CNIB has participated in numerous CRTC hearings – including the November 2008 hearing that led to Broadcasting and Telecom Regulatory Policy CRTC 2009-430.

3. In this submission, CNIB will highlight three accessibility concerns: 1) simple access to DV, 2) access to DV over the Internet, and 3) access to set- top boxes. We suggest that a systemic approach is needed if these and other accessibility issues that will inevitably arise in the future are to be addressed conclusively.

Legal Framework

4. On March 11, 2010, the Canadian government – with the support of all provinces and territories – ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Article 30 of the CRPD states, in part, that:

“States Parties recognize the right of persons with disabilities to take part on an equal basis with others in cultural life, and shall take all appropriate measures to ensure that persons with disabilities: a. Enjoy access to cultural materials in accessible formats; b. Enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats; c. Enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance.”

5. This is the latest legal commitment on the part of the Canadian government to ensure access to the Canadian broadcasting system. Section 3(1)(p) of the Broadcasting Act, Section 15 (1) of the Charter of Rights and Freedoms, and Section 5 of the Canadian Human Rights Act all require, in various ways, that the broadcasting system be made accessible to Canadians with disabilities. However, whereas the Charter and Human Rights Act set out general commitments to equality and non-discrimination respectively, the CRPD explicitly recognizes the right of people with disabilities to take part on an equal basis with others in cultural life. In the CRPD, the government has committed to taking all appropriate measures to ensure that persons with disabilities enjoy access to television programs. CNIB urges the Commission to keep this commitment in mind when considering proposals aimed at increasing access throughout the “Let’s Talk TV” process.

Systemic Approach to Accessibility

6. The bulk of this submission is devoted to discussing three accessibility issues related to the Canadian broadcasting system, but before turning to the specific issues, CNIB would like to recommend an initiative aimed at addressing accessibility on an ongoing basis in Canadian broadcasting.

7. During the 2008 hearing, several disability organizations – including CNIB – called for the establishment of an Accessibility Institute. These proposals contained suggestions on governance and funding. However, details of such an institute would certainly need to be worked out in collaboration with consumers and industry. The rationale for this proposal revolved around a lack of capacity on the part of the disability community and the fact that the current mechanisms for addressing accessibility have not yielded satisfactory results.

8. The issues surrounding access to the Canadian broadcasting system are complex. From the quality of DV produced, which has been taken on by the Described Video Best Practices Working Group (DVBP), to the Highly technical issues concerning pass through of HD DV, which was discussed within the Described Video Working Group (DVWG), the solutions require a collaborative effort among the Commission, end users, and industry.

9. While progress certainly has been made with respect to the accessibility of Canadian broadcasting, some issues have remained unresolved years after being identified. In addition, the rapid pace of technological change means new issues related to accessibility are likely to arise. Participation in conditions of license discussions and public hearings can be challenging for individual consumers and disability organizations alike. In such instances, accessibility is not a primary focus, and these issues can be overlooked.

10. The answer to these challenges is to establish a mechanism to proactively address accessibility barriers, to develop the expertise on such issues, and to anticipate and respond to technological changes before they turn into impediments for people with disabilities. There are different options for such a mechanism. The 2008 hearing outlined an Accessibility Institute, and the Canadian Transportation Agency has an Accessibility Advisory Committee supported by an Accessible Transportation Directorate; what exact mechanism to use is not being proposed in this submission. Instead, CNIB hopes to use this submission to highlight the inadequacy of the current approach and suggest that a more systemic approach is needed. CNIB recommends that the Commission begin the process of establishing a mechanism to address accessibility over the long term in the Canadian broadcasting system. Accessing Described Video

11. In its decisions and regulatory policies as well as in conditions of license, the Commission has required and encouraged broadcasters and broadcast distribution undertakings (BDUs) to take a variety of steps to increase access to the Canadian broadcasting system for people with disabilities. For example, in CRTC 2009-430, the Commission encouraged BDUs to provide one or more simple means of accessing described programming that requires little or no visual acuity as soon as possible.1

12. That regulatory policy was released in July 2009. Fully four years later, in a letter from the Commission to the Described Video Working Group (DVWG), the Commission expressed the view that the matter of providing simple access to DV had not been completely addressed. The Commission went on to say that “the Commission is considering other possible regulatory solutions that will ensure DV users are able to access described programming in an easy, consumer-friendly way.”2

13. It has been nearly six years since the issue of simple access to DV was raised by blindness organizations during the November 2008 hearing. Some BDUs have been offering simple access to DV for nearly that entire time, yet other BDUs – almost six years on – still offer no simple means for a person with vision loss to access DV. CNIB recommends that the Commission introduce requirements that would ensure that BDUs make this issue a priority and begin providing a simple means of accessing DV to their customers who are blind or partially sighted.

1 Paragraph 118 of CRTC 2009-430.

2 See August 15, 2013 letter from CRTC to DVWG. DV Over the Internet

14. At the time of the November 2008 hearing, Apple’s App Store was only four months old. At that point, the App Store included approximately 10,000 apps. None of the blindness organizations at the 2008 hearing foresaw how dramatically mobile devices would change the way individuals consume media. Today, there are more than 1 million apps in the Apple App Store, and Google and Amazon have their own app stores with similar numbers of available apps.

15. Every major Canadian broadcaster has produced apps for distribution in one or more of the app stores mentioned above. These apps allow Canadians to use their mobile devices to watch much of the content available through the conventional broadcast system. Even episodes of TV shows that aired weeks or months – sometimes years – earlier may be watched after a few taps on a screen. Despite that many of the devices used to consume this content are accessible to people who are blind or partially sighted, the content itself is not. CNIB is not aware of any DV content that Canadian broadcasters are making available through their mobile applications.

16. Along with mobile applications, Canadian broadcasters allow their content to be viewed on their respective websites. This provides consumers with an easy way to watch the programs they want at a time that is convenient for them. Unfortunately, not all consumers can take advantage of this service. People with vision loss experience challenges when it comes to playing and controlling the content distributed over the Internet. Put simply, the video players employed are not fully accessible to those who rely on screen reading software to access the Internet. Furthermore, if people who are blind or partially sighted are able to locate the content and get it started, they will not find any described video available. CNIB is not aware of any major broadcaster that makes its described content available over the Internet. 17. The demand for services like Netflix illustrates the popularity of consuming media over the Internet. It is therefore no surprise that Canadian broadcasters began making content available to customers via mobile applications and websites. What is needed now is to make DV available on these platforms. In CRTC 2009-430, the Commission encouraged broadcasters to pass through described video when their programming is broadcast in new media.3 CNIB is not aware of any instance of this happening in the five years since this regulatory policy was released. Encouraging has failed to achieve the intended result. CNIB recommends that the Commission introduce requirements that would ensure that customers with vision loss can access content over the Internet just as their sighted counterparts can.

Accessing Set-top Boxes

18. In CRTC 2009-430, the Commission encouraged BDUs to procure and offer at least one set-top box that is accessible to people with vision loss.4 Throughout the 2008 hearing, one of the main reasons given for the inability of Canadian BDUs to offer accessible set-top boxes was that – unlike similar companies in the United Kingdom who were already offering accessible set- top boxes – Canadian companies relied on technology developed for the US market and given the size of the Canadian market, such BDUs were not in a position to insist on accessibility from set-top box venders.5 Since that hearing, the United States has enacted the Twenty-First Century Communications and Video Accessibility Act (CVAA). This legislation includes requirements concerning the accessibility of set-top boxes and other terminal equipment for those who are blind or partially sighted.6

3 Paragraph 129 of CRTC 2009-430

4 Paragraph 120 of CRTC 2009-430.

5 See, for example, paragraphs 10016-18 and 10841 from the November 26, 2008 transcript.

6 See Sections 204 and 205 of the Twenty-First Century Communications and Video Accessibility Act. 19. Given the equipment accessibility requirements contained in the CVAA, it seems likely that Canadian BDUs will soon be in a position to procure accessible set-top boxes from vendors in the United States. There may be technical and/or financial considerations that need to be dealt with before this is possible. As such, CNIB recommends that the Commission direct BDUs to examine the situation in the United States and report on the feasibility of integrating accessible equipment into the Canadian market as it becomes available.

Conclusion

20. Simple access to DV, the availability of DV over the Internet, and accessible set-top boxes are just a few of the issues that prevent people who are blind or partially sighted from fully accessing the Canadian broadcasting system. The amount and quality of DV, the ability to access customer service information, and the availability of DV on non-regulated broadcasters such as Netflix – among other issues – also have an impact on access. And this account is limited to issues affecting those with vision loss. Different disabilities are accompanied by a different set of challenges altogether.

21. What is needed to address these issues is a systemic approach. The current approach of imposing conditions at the time of license or issuing requirements subsequent to public hearings – be they disability specific as in 2008 or part of a larger discussion as in “Let’s Talk TV” – has not been sufficiently effective at removing access barriers in the Canadian broadcasting system. CNIB urges the Commission to consider options that may be employed to address accessibility issues systematically and on an ongoing basis. We would welcome an opportunity to work with the Commission and others to establish such a mechanism.

22. CNIB appreciates the opportunity to participate in this important process and to raise accessibility concerns. We look forward to clarifying the above comments and answering any questions during the public hearings in September.

*** End of document ***

Intervention, observation ou réponse de l'intimé / Intervention, comment or answer by respondent

Date reçu / Date Arrived: 2014-06-25

Numéro de processus public / Public Process Number: 2014-190 Numéro d'intervention / Intervention Number: 1560 Demande(s) / Application(s): Cas / Case: 217621

Demande à comparaître à l'audience publique / Request to appear at the public hearing: Oui/Yes Intimé / Respondent: Non/No

Commentaire / Comment Please find attached comments submitted on behalf of CNIB.

Marc Workman National Manager, Advocacy CNIB [email protected] T: (780) 453-8327

Raisons pour comparaitre / Reasons for appearance CNIB is willing to appear to answer questions and offer further explanation of the points raised in the submission. If the Commission does not feel this is necessary, CNIB is prepared to let the submission stand on its own.

Copie envoyée au demandeur et à tout autre intimé si applicable / Copy sent to applicant and to any respondent if applicable: Non/No

Information du client / Client information Nom / Name: Marc Workman Titre / Title: National Manager of Advocacy Au nom de la compagnie / On behalf of company: Canadian National Institute for the Blind Adresse courriel / E-mail address: [email protected] Adresse postale / Address: 12010 - Jasper Avenue, Edmonton, AB Code postal / Postal code: T5K 0P3 Téléphone / Telephone: Facsimilé / Fax: Intervention, observation ou réponse de l'intimé / Intervention, comment or answer by respondent

Date reçu / Date Arrived: 2014-06-25

Numéro de processus public / Public Process Number: 2014-190 Numéro d'intervention / Intervention Number: 1560 Demande(s) / Application(s): Cas / Case: 217621

Demande à comparaître à l'audience publique / Request to appear at the public hearing: Oui/Yes Intimé / Respondent: Non/No

Commentaire / Comment Please find attached comments submitted on behalf of CNIB.

Marc Workman National Manager, Advocacy CNIB [email protected] T: (780) 453-8327

Raisons pour comparaitre / Reasons for appearance CNIB is willing to appear to answer questions and offer further explanation of the points raised in the submission. If the Commission does not feel this is necessary, CNIB is prepared to let the submission stand on its own.

Copie envoyée au demandeur et à tout autre intimé si applicable / Copy sent to applicant and to any respondent if applicable: Non/No Information du client / Client information

Nom / Name: Marc Workman Titre / Title: National Manager of Advocacy Au nom de la compagnie / On behalf of company: Canadian National Institute for the Blind Adresse courriel / E-mail address: [email protected] Adresse postale / Address: 12010 - Jasper Avenue, Edmonton, AB Code postal / Postal code: T5K 0P3 Téléphone / Telephone: Facsimilé / Fax: