At its Open Meeting on September 26, 2024, the Federal Communications Commission (FCC) adopted the Second Report and Order (2nd R&O) and Further Notice of Proposed Rulemaking (FNPRM) introducing significant new obligations for video conferencing platforms to improve accessibility in video conferencing services for individuals with disabilities and seeking further comments on the proposed rules. The 2nd R&O will become effective 30 days after publication of a summary in the Federal Register, with compliance required two years after the effective date for covered entities. The FCC will also seek additional comments on the FNPRM, with comments due 30 days after publication in the Federal Register and reply comments due 30 days thereafter.
Overview:
As discussed in our September 6 Client Advisory, the FCC’s latest decision introduces several important performance objectives:
- Accurate and synchronous captioning: This ensures that captions are provided in real-time and with high accuracy.
- Access to third-party services: Users will now have the ability to utilize external captioning and sign language services.
- User customization: Individuals will be able to adjust captions, video windows, and other accessibility-related features to suit their needs.
Legal Background
The Communications Act mandates that providers of advanced communications services, including “interoperable video conferencing services” (IVCS), must ensure their services are accessible to people with disabilities, unless doing so is not achievable. In 2023, the FCC clarified that all services meeting the statutory definition of IVCS must comply with these accessibility requirements.
Addressing Challenges
Video conferencing has presented unique challenges for individuals with disabilities, with inconsistent availability of accessibility tools. The new rules aim to address these issues by:
- Updating the FCC’s accessibility performance objectives.
- Facilitating the integration of Video Relay Service and other relay services with video conferencing platforms.
Future Considerations
The FCC is seeking further input on potential refinements to these rules to enhance disability access and improve the use of Telecommunications Relay Services (TRS) in video conferences, specifically with regard to the following:
- Part 14 Issues:
- The FCC is exploring whether more specific performance objectives are needed to define what “accessible” and “usable” mean in the context of video conferencing.
- There are open questions about additional features like text-to-speech, speech-to-speech capabilities for individuals with disabilities, and whether sign language interpretation should be mandated.
- The FCC also requests comments on expanding user control over accessibility features, including adjustments to video window characteristics and the integration of audio description for individuals with vision or cognitive disabilities.
- TRS Rules (Part 64):
- The FCC is proposing changes that would allow more flexibility in how TRS is integrated into video conferencing platforms.
- This includes discussion of how providers could receive compensation from the TRS Fund for offering Video Relay Services (VRS) in video conferences. There are also proposals regarding the use of specialized Communication Assistants (CAs) for more complex calls.
Immediate Action Required:
With the FCC’s new rules finalized and published on September 27, 2024, telecommunications providers and video conferencing platforms must begin preparations to comply. Below are immediate steps your organization should take:
- Review the Finalized Second Report and Order: It is essential to thoroughly review the Second Report and Order to fully understand the specific requirements, obligations, and compliance timelines outlined by the FCC.
- Compliance Planning: Providers should develop a comprehensive plan to ensure compliance with the new requirements. IVCS providers should assess the impact of the accessibility requirements and prepare any necessary comments or feedback.
- Technical Upgrades: Evaluate your current systems, including real-time captioning, Telecommunications Relay Service (TRS) integration, to identify and implement any necessary technical upgrades to meet the new standards.
The CommLaw Group Can Help!
As always, our firm remains committed to providing up-to-date legal guidance and support to help our clients navigate the ever-evolving digital landscape. Companies should carefully review the accessibility of their video conferencing services in light of new FCC rules. Our firm is available to provide comprehensive compliance support so that your firm meets the Communications Act and the FCC standards and avoids costly legal exposure.
Michal Nowicki – Tel: 703-714-1311 / E-mail: mjn@commlawgroup.com
