[June 18, 2013] Accessibility of User Interfaces, and Video Programming Guides and Menus Tweet Jun 18, 2013 (Federal Communications Commission Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: In this document, we propose new rules to ensure that user interfaces, and video programming guides, and menus provided by digital apparatus and navigation devices are accessible to people who are blind or visually impaired. We also propose new rules to require activation of closed captioning and accessibility features via a mechanism that is reasonably comparable to a button, key, or icon. Finally, we propose to modernize our apparatus rules by eliminating the outdated requirement that manufacturers label analog television sets based on whether they include a closed-caption decoder and by renaming our rules. EFFECTIVE DATE: Submit comments on or before July 15, 2013. Submit reply comments on or before August 7, 2013. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Brendan Murray, [email protected], or Adam Copeland, [email protected], of the Media Bureau, Policy Division, (202) 418-2120. SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice of Proposed Rulemaking, FCC 13-77, adopted on May 30, 2013 and released on May 30, 2013. The full text of this document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW., CY-A257, Washington, DC 20554. This document will also be available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The complete text may be purchased from the Commission's copy contractor, 445 12th Street SW., Room CY-B402, Washington, DC 20554. To request these documents in accessible formats (computer diskettes, large print, audio recording, and Braille), send an email to [email protected] or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Summary of the Notice of Proposed Rulemaking 1. With this Notice of Proposed Rulemaking ("NPRM"), we begin our implementation of sections 204 and 205 of the Twenty-First Century Communications and Video Accessibility Act ("CVAA"). These sections generally require that user interfaces on digital apparatus and navigation devices used to view video programming be accessible to and usable by individuals who are blind or visually impaired. Both of these sections also require that these devices provide a mechanism that is "reasonably comparable to a button, key, or icon designated for activating" certain accessibility features. As set forth below, we seek comment on whether to interpret section 205 of the CVAA to apply to navigation devices supplied by multichannel video programming distributors ("MVPDs") and section 204 of the CVAA to apply to all other "digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound." Alternatively, we seek comment on whether to interpret section 205 to apply to navigation devices, as that term is defined in SEC 76.1200 of the Commission's rules, and section 204 to apply to all other digital apparatus. Consistent with our statutory mandate, we tentatively conclude that the requirement for the appropriate functions of the digital apparatus or navigation device to be accessible covers all "user functions" of such apparatus and devices, and that such functions do not include the debugging and diagnostic functions. In addition, in accordance with the statute, we do not propose to specify the technical standards for making those user functions accessible. Consistent with the report of the Video Programming Accessibility Advisory Committee ("VPAAC") that examined this topic, we propose to require that the 11 essential functions of an apparatus identified by the VPAAC are representative, but not an exhaustive list, of the user functions that must be made accessible to and usable by individuals who are blind or visually impaired. We also seek comment on whether the most effective way to implement the requirement that certain accessibility features be activated through a mechanism reasonably comparable to a button, key, or icon is to require those features to be activated (and deactivated) in a single step. We tentatively conclude that we should handle alternate means of compliance and enforcement matters in the same way that we implemented those matters in other CVAA contexts. We propose deadlines consistent with those that the VPAAC proposed. Finally, in addition to our implementation of the CVAA, we take this opportunity to modernize our apparatus rules by proposing to eliminate the outdated requirement that manufacturers label analog television sets based on whether they include a closed-caption decoder and rename part 79 of our rules. 2. Background. Section 204 of the CVAA, entitled "User Interfaces on Digital Apparatus," directs the Commission to require "if achievable (as defined in section 716) that digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound" be built in a way that makes them "accessible to and useable by individuals who are blind or visually impaired." Section 204 also directs the Commission to require those apparatus to "buil[d] in access to those closed captioning and video description features through a mechanism that is reasonably comparable to a button, key, or icon designated for activating the closed captioning or accessibility features." Section 204 also states that "in applying this subsection the term `apparatus' does not include a navigation device, as such term is defined in SEC 76.1200 of the Commission's rules." 3. Section 205 of the CVAA, entitled "Access to Video Programming Guides and Menus Provided on Navigation Devices," imposes requirements relating to navigation devices. It directs the Commission to require, "if achievable (as defined in section 716), that the on-screen text menus and guides provided by navigation devices (as such term is defined in SEC 76.1200 of title 47, Code of Federal Regulations) for the display or selection of multichannel video programming are audibly accessible in real-time upon request by individuals who are blind or visually impaired." Section 205 also directs the Commission to require, "for navigation devices with built-in closed captioning capability, that access to that capability through a mechanism is reasonably comparable to a button, key, or icon designated for activating the closed captioning, or accessibility features." 4. On April 9, 2012, the Video Programming Accessibility Advisory Committee ("VPAAC") released the VPAAC Second Report: User Interfaces as directed by section 201(e)(2) of the CVAA. In it, VPAAC Working Group 4, which was the working group assigned to recommend ways to implement sections 204 and 205 of the CVAA, defined the functional requirements needed to carry out those sections. Among other things, the VPAAC Second Report: User Interfaces lists 11 criteria that it deems essential to make digital apparatus and navigation devices accessible. Working Group 4 stated that it sought to develop the criteria without hindering innovation or product differentiation, and that "the consumer marketplace [will] identify the optimal technologies and implementations." The VPAAC Second Report: User Interfaces offers some examples of how to achieve the criteria, but stated that the examples "are only meant to clarify the intent of the associated functional requirement." The VPAAC Second Report: User Interfaces also lists "open issues" about which Working Group 4 could not develop consensus; significantly, the members could not achieve consensus on a recommendation for the method of turning closed captioning on and off. On April 24, 2012, the Commission released a Public Notice seeking comment on the VPAAC Second Report: User Interfaces. 5. Discussion. We organize our discussion of sections 204 and 205 of the CVAA into the following sections: (A) Scope of Sections 204 and 205; (B) Functions That Must Be Made Accessible; (C) Activating Accessibility Features; (D) Making Navigation Devices Available "Upon Request"; (E) Alternate Means of Compliance; (F) Enforcement; (G) Exemption for Small Cable Operators; and (H) Timing. In addition, we tentatively conclude that we should eliminate outdated closed captioning labeling rules that apply to analog television receivers and rename part 79 of our rules. 6. Scope of Sections 204 and 205. As stated above, sections 204 and 205 of the CVAA require that accessible user interfaces be included in two categories of equipment: "digital apparatus" and "navigation devices." Specifically, section 204 applies to "digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using Internet protocol." Section 204 states that the "term `apparatus' does not include a navigation device" as that term is defined in SEC 76.1200 of the Commission's rules. Instead, accessibility requirements for "navigation devices" are governed by the provisions of section 205. Section 76.1200(c) defines "navigation devices" as devices such as converter boxes, interactive communications equipment, and other equipment used by consumers to access multichannel video programming and other services offered over multichannel video programming systems. Congress' intended meaning of the terms "digital apparatus" and "navigation devices," as used in the context of sections 204 and 205, however, is not entirely clear. We discuss below the appropriate scope of sections 204 and 205 and the interrelationship between these sections. Our goal is to interpret these sections in a manner that best effectuates Congressional intent. --This is a summary of a Federal Register article originally published on the page number listed below-- Proposed rule. CFR Part: "47 CFR Part 79" Citation: "78 FR 36478" Document Number: "MB Docket No. 12-108; FCC 13-77" Federal Register Page Number: "36478" "Proposed Rules" [ Back To TMCnet.com's Homepage ]