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Advocacy Alerts

Proposed Federal Legislation:

Proposed State Legislation:

 

The Twenty-first Century Communications and Video Accessibility Act

On December 21, 2007, the U.S. House of Representatives released a draft bill, the “Twenty-first Century Communications and Video Accessibility Act.” This proposal amends the Communications Act – the main statute that impacts the telephone and video programming industries. It adds new consumer protections to ensure access for people with disabilities to telephones and television programming as they evolve to increasingly rely on digital and Internet Protocol (IP) technologies.

The draft bill was introduced by Rep. Edward J. Markey (D-MA), Chairman of the House Subcommittee on Telecommunications and the Internet. Below is a summary of the bill as provided by the Coalition of Organizations for Accessible Technology (COAT). (Click here to read the bill's text at the COAT Web site.)

Title I – Communications Access

Definitions.  Section 101. – Adds definitions to the Act as follows:   

  • Disability – This has the same meaning as in the Americans with Disabilities Act and Section 255 of the Communications Act.
  • Interconnected VoIP Service – This definition has the same meaning as in the FCC’s regulations.
  • Internet-enabled communication service – This definition encompasses interconnected VoIP service and includes transmission services that have the purpose of conducting voice, text, or video conversations, interactive voice  response systems, and other similar communication-based services.

Hearing Aid Compatibility.  Sec. 102. – Extends federal law that currently requires hearing aid compatibility on newly manufactured and imported telephones, to comparable customer premises equipment used to provide Internet-enabled communication service.  The purpose of this section is to make sure that people with hearing loss have access to telephone devices used with advanced technologies, including cell phones or any other handsets used for Internet-based voice communications.  (This section is not intended to extend to headsets or headphones used with computers.)

Relay Services. Sec. 103. – This section clarifies that telecommunications relay services (TRS) are intended to ensure that people who have hearing or speech disabilities can use relay services to engage in functionally equivalent telephone communication with all other people, not just people without a hearing or speech disability.  It revises Section 225 of the Act, which has been interpreted at times (by the FCC) to authorize only relay services between people with disabilities and people without disabilities.   This section also expands the relay service obligations to all providers of Internet-enabled communication services that provide voice communication.

Access to Internet-Based Services and Equipment. Sec. 104.  – This section builds upon authority contained in Section 255 of the Communications Act, which generally requires telecommunications service providers, as well as interconnected VoIP providers and manufacturers, to make their services and equipment accessible to and usable by people with disabilities. This section creates new safeguards for Internet-based communication technologies (equipment, services and networks) to be accessible by people with disabilities unless doing so would result in an undue burden.  Where an undue burden would result, manufacturers and providers must make their equipment and services compatible with specialized equipment and services typically used by people with disabilities.  The term “undue burden” has the same meaning given it in the Americans with Disabilities Act.  

This section also contains a specific requirement for real-time text support, to ensure that people with disabilities, especially individuals who are deaf or hard of hearing or who have a speech disability, are able to communicate with others via text in an IP environment with the same reliability and interoperability as they receive via the public telephone network when using TTYs.  Finally, the section contains measures to improve the accountability and enforcement of these new disability safeguards, including reporting obligations for industry and the FCC, directives for new FCC complaint procedures, the creation of a clearinghouse of information on accessible products and services by the U.S. Access Board and National Telecommunications and Information Administration (NTIA), and directives for enhanced outreach and education by the FCC and NTIA.

Universal Service.  Sec. 105.  – This section makes consumers with disabilities – as a distinct group – eligible to receive universal service support through two specific measures.  First, it grants the FCC authority to designate broadband services needed for “phone communication” by people with disabilities as services eligible to receive support under the existing Lifeline and Linkup universal service programs.  For example, this would include deaf individuals who are otherwise eligible for Lifeline and Linkup support, but who rely on Internet-based video relay services or point-to-point video for their telephone communications.  Second, it grants authority to the FCC to designate programs that distribute specialized equipment used to make telecommunications and Internet-enabled communication services accessible to individuals who are deaf-blind, as eligible for universal service support.  Such support, however, is capped at $10 million per year.

Title II – Video Programming

Closed-Captioning Decoder and Video Description Capability.  Sec. 201 –– This section expands the scope of devices that must display closed captions under the Television Decoder Circuitry Act of 1990 from the present requirement of television sets with screens that are 13 inches or larger, to all video devices that receive or display video programming transmitted simultaneously with sound, including those that can receive or display programming carried over the Internet.  The section also requires these devices to be able to transmit and deliver video descriptions.  Video description is the provision of verbal descriptions of the on-screen visual elements of a show provided during natural pauses in dialogue. 

Video Description and Closed Captioning. Sec. 202.  – This section reinstates the FCC’s modest regulations on video description.  Those rules, originally promulgated in 2001, were struck down by a U.S. Court of Appeals for lack of FCC authority.  This section also authorizes the FCC to promulgate additional rules to (1) ensure that video description services can be transmitted and provided over digital TV technologies, (2) ensure that digital TV equipment can make available the delivery and use of video description, (3) require non-visual access to on-screen emergency warnings and similar televised information and (4) increase the amount of video description required.  Finally, this section adds a definition for video programming to include programming distributed over the Internet to make clear that the existing closed captioning obligations (and future video description obligations) contained in Section 713 apply to video programming that is distributed or re-distributed over the Internet.  This section is intended to ensure the continued accessibility of video programming to Americans with disabilities, as this programming migrates to the Internet.

User Interfaces.  Sec. 203.– This section requires devices used to receive or display video programming, including devices used to receive and display Internet-based video programming, to be accessible by people with disabilities so that such individuals are able to access all functions of such devices (such as turning these devices on and off, controlling volume and select programming).  The section contains requirements for (1) audio output where on-screen text menus are used to control video programming functions, and (2) a conspicuous means of accessing closed captioning and video description, including a button on remote controls and first level access to these accessibility features when made available through on-screen menus.

Access Video Programming Guides and Menus.  Sec. 204  – This section requires multichannel video programming distributors to make their navigational programming guides accessible to people who cannot read the visual display, so that these individuals can make program selections.

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The following assistive technology related bills are up for consideration by the Massachusetts General Court (the state legislature):

Senate Bill No. 564

AN ACT RELATIVE TO PRESCRIPTION DRUG VOICE SYNTHESIZERS

S564 is sponsored by Sen. Baddour.

The bill requires health insurance providers to cover the expense of a medically prescribed voice-synthesizer (better known as Talking RX, see www.talkingrx.com) so that information for a prescription can be recorded and supplied with a prescription bottle for those who are legally blind or visually impaired.

Bill text:

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 175 of the General Laws is hereby amended by inserting after section 47W the following section:-

Section 47X.    Any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides prescription drug insurance, which is delivered or issued for delivery or subsequently renewed by agreement between the insurer and the policyholder within or without the commonwealth shall provide coverage for the expense of a medially prescribed voice-synthesizer used in connection with a container that would provide audible information of  a prescription for use by a person who is legally blind or visually impaired.  The policy holder shall be responsible for returning the container to a pharmacist for refill.

SECTION 2.  Notwithstanding any general or special law to the contrary, an individual, public or private institution, business or other organization that regularly and primarily provides a service to a disabled person shall inform the disabled person of the availability of the voice synthesizer referred to in section 47X of chapter 175 of the General Laws.

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Senate Bill No. 1943

AN ACT RELATIVE TO THE TDD/TTY SYSTEM

S1943 (a petition of Sen. Michael W. Morrissey) has been proposed to provide an "enhanced voice carry over" service to the Massachusetts TDD/TYY Relay Service. This service is commonly know as "Captioned telephone." The service combines the functionality of a telephone with simultaneous captioning of the called party’s conversation There are currently 5 states without access to captioned telephone service as part of their relay service, including Massachusetts. Existing relay law (M.G.L. C.166§15E) requires that the Massachusetts relay service be provided from in-state and specifies equipment to be distributed. The captioned telephone equipment is only available out of state.The bill does not require state funding. Captioned telephone would be added to the services now covered by a telephone line surcharge set by the Department of Telecommunications and Energy.

Bill text:

Be it enacted by the Senate and House of Representatives in General Court assembled,

And by the authority of the same, as follows:

SECTION 1. Subsection (a) of Section 15E of Chapter 166 of the General Laws as appearing in
the 2004 Official Edition is hereby amended by inserting after line 2 the following new
definitions:-

“Captioned Telephone,” a telecommunications device allowing deaf and hard of hearing
persons to utilize captioned telephone service.

“Captioned Telephone Service,” an enhanced voice carry over service that nearly
simultaneously displays word-for-word captions of the other party’s communication being
transmitted audibly, while at the same time allowing the deaf or hard of hearing person using
the captioned telephone service to transmit speech.

SECTION 2. Subsection (a) of Section 15E of Chapter 166, as so appearing, is hereby further
amended in line 30 by inserting after the words “TDD/TTY” the following words:- “,captioned
telephone”.

SECTION 3. Subsection (a) of Chapter 15E of Chapter 166, as so appearing, is hereby further
amended after line 48 by inserting the following new definition:-

“Voice Carry Over Service,” a dual party TDD/TTY telephone message relay service that
allows a deaf or hard of hearing person to receive text of the telecommunication via SCPE
device and carry the voice transmission of the deaf or hard of hearing person reading such text.


SECTION 4. Subsection (b) of Section 15E of Chapter 166, as so appearing, is hereby further
amended in line 63 by inserting after the word “subscriber” the following new words:- “;
provided however that subject to the provisions of subsection (d) the SCPE distribution service
shall include the reasonable distribution and replacement of captioned telephone SCPE
equipment free of charge, to certified subscribers.

SECTION 5. Subsection (c) of Section 15E of Chapter 166, as so appearing, is hereby further
amended by inserting at the end of the first sentence the following:- “; provided however, in
any one calendar month at least eighty percent of all calls initiated from within or received in
the commonwealth and requiring TDD/TTY relay as specified in this Section, shall be relayed
by a TDD/TTY telephone message relay service center located within the commonwealth.

SECTION 6. Subsection (c) of Section 15E of Chapter 166, as so appearing, is hereby further
amended by inserting at the end thereof the following:- “Each common carrier shall also
provide captioned telephone service. Captioned telephone service shall not be required to be
provided from a dual party TDD/TTY telephone message relay service center located in the
commonwealth. Consistent with the recognition of captioned telephone service by the Federal
Communications Commission as an enhanced voice carry over service, for the purposes of
subsection (d) of this section, captioned telephone service shall be considered the same as the
voice carry over service.

SECTION 7. This Act shall take effect upon its passage.

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House Bill No. 2239

An Act to Provide Coverage for Hearing Aids

This bill mandates that insurance providers cover the full cost of one hearing aid per hearing impaired ear every 36 months (3 years) for insured individuals. Coverage would still be subject to all applicable co- payments, coinsurance, deductibles, and out-of-pocket limits. Related services would also be covered.

H2239 is the petition of the following representatives:


John W. Scibak

Mary E. Grant

Tom Sannicandro

John P. Fresolo

Michael F. Rush

Theodore C. Speliotis

Peter V. Kocot

Thomas P. Kennedy

Susan C. Tucker

Geraldo Alicea

Christine E. Canavan

Ellen Story

Barbara A. L'Italien

Walter F. Timilty


Bill text:

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 118E of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 9C the following section:-

Section 9D.(a) Definitions. As used in the section:

(i) “Hearing Aid” shall mean any wearable, non-disposable instrument or device designed to aid or compensate for impaired or diminished human hearing; and any part, attachments, or accessories including earmolds but excluding batteries. In the event that any part of this definition conflicts with the definition of a hearing aid in section 196 of chapter 112 of the General Laws, this definition will take precedent for the purposes of this section.

(ii) “Related services” shall mean those services necessary to assess, select, and appropriately adjust or fit the hearing aid to ensure optimal performance.

(b) A health benefit plan shall provide coverage, subject to all applicable co- payments, coinsurance, deductibles, and out-of-pocket limits, for the full cost of one hearing aid per hearing impaired ear, every 36 months for insured individuals, and all related services which shall be prescribed by an audiologist or a hearing instrument specialist as defined in section 196 of chapter 12 of the General Laws, and dispensed by an audiologist or a hearing instrument specialist as defined in said section.

(c) A health benefit plan shall not be required to pay a claim filed by its insured for payment of the cost of a hearing aid under the coverage required by subsection (2) of this section if less than 3 years prior to the date of the claim its insured filed a claim for payment of cost of a hearing aid under the required coverage and the claim was paid by any health benefit plan.

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