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Federal Communications Commission FCC 13-138 Before the Federal Federal Communications Commission FCC 13-138 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Accessibility of User Interfaces, and Video ) MB Docket No. 12-108 Programming Guides and Menus ) ) Accessible Emergency Information, and Apparatus ) MB Docket No. 12-107 Requirements for Emergency Information and ) Video Description: Implementation of the Twenty- ) First Century Communications and Video ) Accessibility Act of 2010 ) REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULEMAKING Adopted: October 29, 2013 Released: October 31, 2013 Comment Date: (60 days after date of publication in the Federal Register) Reply Comment Date: (90 days after date of publication in the Federal Register) By the Commission: Acting Chairwoman Clyburn and Commissioner Rosenworcel issuing separate statements; Commissioner Pai approving in part, concurring in part, and issuing a statement. TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION.................................................................................................................................. 1 II. BACKGROUND.................................................................................................................................... 8 III. SCOPE OF SECTIONS 204 AND 205 OF THE CVAA..................................................................... 12 A. Categories of Devices Covered Under Sections 204 and 205........................................................ 12 B. Responsibility and Definition of Digital Apparatus Under Section 204........................................ 38 C. Entities Responsible for Compliance Under Section 205.............................................................. 43 IV. ACCESSIBILITY REQUIREMENTS OF SECTIONS 204 AND 205 OF THE CVAA.................... 53 A. Functions that Must be Made Accessible Under Sections 204 and 205 ........................................ 53 B. Activating Accessibility Features Through a Mechanism Reasonably Comparable to a Button, Key, or Icon....................................................................................................................... 79 V. OBLIGATION OF COVERED ENTITIES TO PROVIDE ACCESSIBILITY UNDER SECTION 205 ...................................................................................................................................... 87 A. Obligation to Provide Accessibility Upon Request Under Section 303(bb)(1) ............................. 87 B. Obligation of Covered Entities Complying with Section 303(bb)(1) through the Use of Separate Equipment or Software ................................................................................................... 94 C. Activation Mechanisms for Closed Captioning Under Section 205 ............................................ 104 VI. OTHER ISSUES ................................................................................................................................ 109 A. Alternate Means of Compliance .................................................................................................. 109 B. Compliance Deadlines ................................................................................................................. 111 17330 Federal Communications Commission FCC 13-138 C. Complaint Procedures.................................................................................................................. 120 D. Verification of Disability............................................................................................................. 132 E. Notification to Consumers ........................................................................................................... 133 VII. ELIMINATION OF ANALOG CLOSED CAPTIONING LABELING REQUIREMENT AND RENAMING PART 79 ...................................................................................................... 136 VIII. FURTHER NOTICE OF PROPOSED RULEMAKING ............................................................ 138 IX. PROCEDURAL MATTERS ....................................................................................................... 153 A. Regulatory Flexibility Act ........................................................................................................... 153 B. Paperwork Reduction Act............................................................................................................ 155 C. Congressional Review Act........................................................................................................... 157 D. Ex Parte Rules.............................................................................................................................. 158 E. Filing Requirements..................................................................................................................... 159 F. Additional Information ................................................................................................................ 162 X. ORDERING CLAUSES..................................................................................................................... 163 APPENDIX A - List of Commenters APPENDIX B - Final Rules APPENDIX C - Final Regulatory Flexibility Act Analysis for the Report and Order APPENDIX D - Proposed Rules APPENDIX E - Initial Regulatory Flexibility Act Analysis for the Further Notice APPENDIX F - Relevant Portions of the CVAA I. INTRODUCTION 1. Pursuant to the Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”),1 this Report and Order and Further Notice of Proposed Rulemaking adopts rules requiring the accessibility of user interfaces on digital apparatus and navigation devices used to view video programming. The rules we adopt here will effectuate Congress’s goals in enacting Sections 204 and 205 of the CVAA by: 1) enabling individuals who are blind or visually impaired to more easily access video programming on a range of video devices; and 2) enabling consumers who are deaf or hard of hearing to more easily activate closed captioning on video devices. 2. As discussed in Section III below, we delineate the types of devices that are covered under Sections 204 and 205 and discuss the responsible entities under each section. Specifically, we: Conclude that Section 205 of the CVAA applies to “navigation devices” as defined by Section 76.1200 of the Commission’s rules – that is, devices and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems. Find that under current marketplace and technological conditions, consumers generally only access multichannel video programming and other services offered over multichannel video programming systems through the use of devices that have built-in capability to use a conditional access mechanism, and therefore, Section 205 only applies to devices manufactured with a CableCARD slot or other conditional access technology; this includes devices such as set-top boxes, digital cable ready televisions, devices with pre-installed MVPD applications, and cable modems. Conclude that Section 204 of the CVAA applies to all other “digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound.” 1 Pub. L. No. 111-260, 124 Stat. 2751 (2010) (as codified in various sections of 47 U.S.C.). See also Amendment of Twenty-First Century Communications and Video Accessibility Act of 2010, Pub. L. No. 111-265, 124 Stat. 2795 (2010) (making technical corrections to the CVAA). The foregoing are collectively referred to herein as the CVAA. The CVAA was enacted on October 8, 2010. 17331 Federal Communications Commission FCC 13-138 Interpret this phrase the same as a comparable phrase in Section 203 was interpreted in the IP Closed Captioning Order, but excluding navigation devices. Thus, this class of devices includes televisions and computers without conditional access capability, mobile devices (such as tablets and smartphones) that do not have pre-installed MVPD applications, and removable media players. Conclude, consistent with the Commission’s approach in implementing Section 203 in the IP Closed Captioning Order, that Section 204 applies to the video players and user interfaces of video applications, such as Netflix, Hulu, and Amazon, when such applications are pre-installed on digital apparatus by the manufacturer. Find that professional and commercial equipment and public safety and enterprise equipment are outside the scope of Sections 204 and 205. Defer the compliance deadline by an additional five years for display-only monitors and video projectors and devices, such as digital cameras, that are subject to the waiver granted in the IP Closed Captioning Reconsideration Order. Determine that under Section 204, the entities responsible for compliance are digital apparatus manufacturers. Determine that under Section 205, the entities responsible for compliance are MVPDs leasing or selling navigation devices, equipment manufacturers of navigation devices that place devices into the chain of commerce for sale to consumers, and other manufacturers of navigation device hardware and software. Find that MVPDs and other manufacturers of software installed on devices by a device manufacturer that provides on-screen text menus and guides for the display or selection of multichannel video programming, such as applications offered by MVPDs to view multichannel video programming, are responsible for compliance
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