Advocates for Disabled Pan Advanced Communication Services Waiver Requests
The FCC shouldn’t grant waivers of its accessibility rules for advanced communications services (ACS) such as VoIP and videoconferencing on videogame consoles and TV sets and digital video players, said the Telecommunications for the Deaf and Hard of Hearing, National Association for the Deaf and other accessibility advocates. The groups were expected to oppose separate petitions from the Entertainment Software Association (ESA) and the CEA for a limited waiver of certain accessibility rules (CD March 27 p4). The NCTA and Panasonic wrote the commission in support of CEA’s waiver request and the Voice on the Net Coalition said it supported the ESA’s request.
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There may be some room for compromise for accessibility advocates on CEA’s request. The advocates urged the commission to deny CEA’s waiver request “unless the waiver period is narrowly limited, the equipment included in a particular class is specifically defined, and a condition is provided to allow the public to file complaints about any improper application of the waiver,” they said in an opposition filed last week (http://xrl.us/bnbvoq). If the commission were inclined to waive the requirements temporarily, the advocates proposed a one-year waiver period, as opposed to the CEA’s request for a waiver through July 1, 2016. “Given the pace at which products and their marketing and development change in this industry ... the burden should be on the industry to show why further waivers should be granted,” it said.
They were less accommodating toward the ESA’s position. “It seems clear that the gaming industry has not made any progress toward making its ACS products accessible,” it said (http://xrl.us/bnbvqw). “Given the eight-year time period for which waiver is sought, it also appears that the industry simply has no plans do so,” it said. So the commission should reject its waiver request and enforce the Communications and Video Accessibility Act, it said.
Granting CEA’s waiver request for equipment made before July 1, 2016, would fit with industry timelines and promote the public interest, the NCTA said (http://xrl.us/bnbvr9). “A three-year waiver period corresponds with the expected product lifecycle of the IP-enabled equipment,” the NCTA said. And such a waiver would promote “the development and availability of ACS to consumers through multi-use equipment” giving manufacturers more ability to innovate and develop new services, NCTA said.
Panasonic, which manufactures devices that would be covered by CEA’s requested waiver, also backed CEA’s petition (http://xrl.us/bnbvs8). “The waiver ... would ensure that manufacturers are not forced to consider removing ACS services from such devices until, for example, an independent app developer makes them compliant with the ACS accessibility rules,” it said. “While we recognize our responsibilities to provide accessible platforms, not offering a particular ACS app may prove preferable to attempting to determine whether that app complies with the ACS rules,” it said. Furthermore the main purpose of the devices for which CEA is seeking the waiver is to deliver video, Panasonic said. “These other apps,” such as Skype or other ACS apps “merely supplement the video apps and services most used by viewers,” it said.
The VON Coalition said it supports the ESA’s request for a waiver of the ACS accessibility rules for game consoles, online game play services and game software. “The primary purpose of video game products and services is not the provision of advanced communications services, but rather game playing,” it said (http://xrl.us/bnbvuj).
Separately, accessibility advocates met with aides to Commissioner Jessica Rosenworcel to argue against the ACS waiver requests as well as requests for waivers from IP-video closed captioning rules, an ex parte notice shows (http://xrl.us/bnbvuo).