Home / Insights and Advisories / FCC Submits 2022 Biennial CVAA Report to Congress, Citing Compliance Gaps in Video Conferencing Services
On October 11, 2022, the Federal Communications Commission (“FCC” or the “Commission”) released its sixth CVAA biennial report to Congress (the “Report”), assessing industry compliance over the past two years with sections 255, 716, and 718 of the Communications Act of 1934, as required by the 21st Century Communications and Video Accessibility Act (“CVAA”).
These sections require telecommunications and advanced communications services and equipment, as well as Internet browsers built into mobile phones, to be accessible to and usable by people with a wide range of disabilities.
While the Report recognizes significant accessibility improvements to these products and services since 2020, it also makes clear that compliance gaps persist. Most notably, the Report highlights that some features of video conferencing services needed for work, school, and healthcare during the pandemic remain partially or fully inaccessible to blind or deaf consumers. Read on to find out how your company may be impacted and how the CommLaw Group can help.
Section 255 requires providers of telecommunications service and manufacturers of telecommunications equipment or customer premises equipment to ensure that such services and equipment are accessible to and usable by individuals with disabilities, if “readily achievable.”
When compliance with these requirements is not readily achievable, covered entities must ensure that their services and equipment are compatible with existing peripheral devices or specialized consumer premises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. The implementing FCC regulations further clarify that these requirements extend to interconnected Voice over Internet protocol (i-VoIP”) service providers and equipment manufacturers.
Section 716 imposes similar accessibility and usability requirements on advanced communications services (“ACS”) and associated equipment. ACS, for purposes of Section 716, are divided into three categories: (1) non-interconnected VoIP service, (2) electronic messaging service, and (3) interoperable video conferencing service.
Section 718 requires mobile phone service providers and manufacturers to make Internet browsers built into mobile phones accessible to and usable by people who are blind or visually impaired, unless doing so is not achievable. This requirement may be satisfied with or without the use of third-party applications, peripheral devices, software, hardware, or consumer premises equipment that is available to consumers at nominal cost and that individuals with disabilities can access.
Despite major design improvements triggered by the CVAA and other accessibility laws, access barriers for people with disabilities continue to exist. While the FCC identifies several types of access barriers, the Report reveals that consumer and industry commenters are most concerned about equal access to video conferencing services.
This heightened interest in ensuring that these services can be use comfortably and independently by consumers with disabilities is, of course, fueled by our increased reliance on these services, which are expected to remain widely used even as in-person gatherings rebound from Covid.
The report discusses the following specific accessibility problems encountered by video conferencing users with disabilities:
Are your company’s products and services accessible to and usable by people with disabilities? If not, now is the time to eliminate any remaining access barriers. The CommLaw Group stands by ready to help you take this important step.
If you have any questions about your obligations under the CVAA or other accessibility laws, please contact Michal J. Nowicki, Esq., (703) 714-1311 or mjn@commlawgroup.com.
Being blind himself, Mr. Nowicki has seven years of experience with the CVAA and a strong passion for accessibility. He routinely advises clients not just on their legal obligations under U.S. and Canadian accessibility laws, but also offers practical guidance on how to make products and services accessible to individuals with specific disabilities.
Award-winning practice with unparalleled experience in the telecommunications sector, our clients include VoIP, wireless and traditional telecom companies, SaaS and cloud technologists, and nearly every imaginable business driving the digital revolution.
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