The Federal Communications Commission (FCC) has announced its intent to vote on mandating significant changes to enhance the accessibility of video conferencing services to people with disabilities during its September 26, 2024, Open Meeting. As Chairwoman Jessica Rosenworcel explained, these updates aim to ensure that individuals with disabilities can fully participate in video conferencing, a technology that has become essential for communication in work, healthcare, education, and other areas of life, especially since the COVID-19 pandemic.

The new rules will expand the accessibility requirements of the Twenty-First Century Communications and Video Accessibility Act, specifically targeting “interoperable video conferencing services” (IVCS) and the related equipment and software used by these platforms. This proposed order, expected to pass, addresses the uneven implementation of accessibility features across video conferencing services, particularly the barriers faced by people who are deaf, hard of hearing, or have speech disabilities. For example, video conferencing platforms struggle to provide accurate and timely captioning or integration with telecommunications relay services (TRS). However, the new rules will not require compliance with the Part 14 accessibility requirements until two years after the effective date. FCC intends to give entities sufficient time to implement the necessary accessibility features accordingly.

Why This Matters

During the pandemic, video conferencing services like Zoom and Microsoft Teams became vital tools for staying connected, enabling work, healthcare, and social interactions. However, accessibility for people with disabilities has been inconsistent across these platforms, limiting full participation for users. The new rules proposed by the FCC are designed to address these gaps and ensure that video conferencing services comply with the accessibility requirements of the Communications Act, which mandates that providers of advanced communications services make their offerings accessible unless doing so is not achievable.

Key Features of the Proposed Rules:

Accurate Captioning: The new rules will require video conferencing services to provide accurate and synchronous captioning, which will help individuals who are deaf or hard of hearing follow conversations without delays.

Third-Party Captioning and Interpretation: Platforms must enable access to third-party captioning and sign language interpretation services, allowing users to bring in their own services for real-time communication support.

User Control Over Accessibility Features: Video conferencing users will gain more control over the display of captions, speakers, and signers, enabling them to adjust settings such as font size, color, and positioning to suit their individual needs.

TRS Integration: The proposal also seeks to integrate TRS, such as Video Relay Service (VRS), with video conferencing platforms, allowing users to engage in real-time video communications with the support of a sign language interpreter directly within the conferencing software.

What You Need to Know and Do Immediately: The FCC is preparing to adopt new, significant substantive accessibility obligations for video conferencing services. If your company is involved in providing video conferencing services, it is crucial to review the proposed changes and assess their impact on your operations. As you can see from the announcement, most of these enhancements aim to make video conferencing more accessible to users who are deaf, hard of hearing, or have speech disabilities.

If you wish to propose any modifications to the draft order, you must act promptly. Proposals must be submitted before the order is placed on the FCC’s Sunshine Agenda on September 19, 2024. Now is the time to ensure that your services are following these updated accessibility standards, which will be finalized by the end of the month.

NEED HELP WITH DIGITAL ACCESSIBILITY COMPLIANCE?  

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