Welcome to the 21st Century!

After the disastrous June hearing of the Twenty-first Century Communications and Video Accessibility Act of 2009 (H.R. 3101), I wasn’t sure if this act was ever going to get passed.  But, much to my excitement and surprise, the House and Senate versions have both been passed—just in time to coincide with the 20th anniversary of the Americans With Disabilities Act!

Senator Mark Pryor from Arkansas submitted an amendment to improve the Senate version, S. 3304, last week and it passed on August 5 (H.R. 3101 was passed on July 26).  Senator Pryor said,

“The Internet and other emerging communication equipment are no longer a luxury. They are an essential gateway to learn, interact and conduct business.  This legislation will ensure all Americans, including those with disabilities, are able to fully participate in today’s online world.”

Senator John Kerry added,

“In the digital age, an inclusive America demands that no person with a disability is left behind either online or offline.  The goal of our bill is crystal clear.  We must ensure that Americans with disabilities have every opportunity to access our shared communications infrastructure.  Anything less than our best effort dishonors the Americans with Disabilities Act and all that’s been accomplished over the twenty years since its passage.”

This act will require the internet and communications technologies to be more accessible to deaf and blind people, as well as people with other disabilities.  Among its many requirement, the act will:

• Require captioned television programs to be captioned when delivered over the Internet.
• Authorize the FCC to require 7 hours per week of video description on the top 4 network - channels and top 5 cable channels nationwide.
• Allocate up to $10 million per year for equipment used by individuals who are deaf-blind.
• Require televised emergency information to be accessible to individuals who are blind or have low vision.
• Require accessible advanced communications equipment and services, such as text messaging and e-mail.
• Require access to Internet services that are built-in to mobile telephone devices, like smart phones, if achievable.
• Require devices of any size to be capable of displaying closed captioning, delivering available video description, and making emergency information accessible.
• Require accessible user controls for televisions and set-top boxes, and easy access to closed captioning and video description.

I am not 100% sure, but I think the act will require Netflix to caption its Instant View movies and television shows.  I certainly hope so, because as far as I know they haven’t added any more captioning other than the first 4 seasons of Lost, and I’m really tired of having to pay full price for a service that isn’t fully accessible to us.

On the National Association of the Deaf’s page announcing the passage of S. 3304, Deaf actress Marlee Matlin wrote,

“We may be Deaf but we made NOISE.  A lot of it.  Now the ramp to the information highway is green for us and we can drive as fast as we want to!  Let's continue to fight for ‘caption action.’”

As an added bonus, the NAD also announced that the Department of Justice is calling for public comments on proposed amendments to the Americans with Disabilities Act.  They are seeking feedback on accessibility in the areas of:  websites, movie theaters, 9-1-1 services, and equipment and furniture.