FAQ about the CVTA

The CVTA requires the FCC to adopt rules that can achieve full, equal and direct access to 911 emergency call centers by sign language users who are deaf, hard of hearing, deafBlind or have speech disabilities. This includes the ability to use one-step access when calling 911 through telecommunications relay services from a mobile phone, so that the user’s location information is immediately delivered to the 911 emergency authority with the same speed and efficiency as a voice call. The CVTA also authorizes funding from the FCC’s Interstate TRS Fund for the use of “direct video calling” to 911, which will allow ASL users to communicate directly, without the use of a third party intermediary, with ASL-fluent 911 call-takers.

The CVTA revises the FCC’s telecommunications relay service (TRS) program by adding two new types of services to the list of compensable forms of TRS: (1) direct video calling services, by which point-to-point calls can take place between consumers who use sign language users and ASL-fluent customer service representatives in companies and government agencies, and (2) services provided by communication facilitators, who interpret telephone conversations through close vision or using tactile sign language for people who are DeafBlind. The bill also expands TRS eligibility to include people who have an auditory processing disorder, requires the FCC to adopt rules that facilitate access to 911 emergency services for ASL users, and adds video conferencing providers to the list of communications providers that must contribute to the Interstate TRS Fund supporting TRS. Last, the CVTA requires the FCC to assess the need for and make updates to its TRS rules every 4 years in light of evolving communication technologies.

Audio description provides narrated descriptions of a television program's key visual elements that are inserted into natural pauses in the program's dialogue. The CVTA expands audio description requirements to all television programming, including all broadcast, cable and satellite programming, as well as programming delivered via Internet Protocol (IP). It exempts user-generated video that produces less than $1,000,000 in annual revenue. The bill also requires audio description to be passed-through to consumers by all broadcast designated market areas and all national non-broadcast networks, such as those that deliver programming over cable and satellite. The CVTA also contains provisions requiring audio described video content to be labeled, searchable and easily discoverable through video access technology, including an audible tone to identify that video programming has audio description, a dedicated audio track for consumers to access audio description (if achievable), and a point of contact to assist with trouble-shooting complaints about the delivery of audio description. In addition, the CVTA requires any entity that hosts user-generated videos to provide authoring tools that allow users who post videos to add audio description to their videos, and requires the FCC to adopt metrics to evaluate and ensure the high quality of audio description voicing, encoding, and audio engineering.

The CVTA keeps up with advances in video programming delivered via Internet Protocol by requiring all such programming to include closed captions, with the exception of user-generated video that generates less than $1,000,000 in annual revenue. The bill also requires any entity that hosts user-generated videos to provide authoring tools that allow users who post videos to add closed captions to their videos; requires the FCC to re-evaluate the need for quarter-century-old categorical exemptions that still apply to television captioning; and requires the FCC to regularly update its caption quality requirements to address the increased use of new automatic speech recognition-based and other emerging technologies for generating captions.

People who are DeafBlind will benefit from the CVTA’s provisions requiring greater communications access to video conferencing services and emerging technologies, as well as its provisions requiring improved access to closed captioning and audio description on video programming. In addition, the CVTA will benefit this community by raising the annual allocation from $10 to $20 million for the FCC’s National DeafBlind Equipment Distribution Program (NDBEDP), which provides free equipment to people who are deafBlind that can be used for accessing telecommunications, Internet access, and advanced communications services. The CVTA also eliminates the low income requirement for eligibility to participate in this program to prevent disadvantaged DeafBlind people who work but still need the distributed equipment. In addition, the bill expands the NDBEDP to explicitly cover the provision of software, and clarifies that people with cortical or cerebral visual impairments and/or auditory processing disorders can qualify to receive equipment and related services under the program. The CVTA also adds communication facilitators to the types of telecommunications relay services that are compensable. These facilitators enable telephone conversations to take place between people who are deafBlind and other parties to a TRS call using close vision or sign language. Last, the CVTA requires the FCC to ensure that DeafBlind users who use sign language have full, equal, and direct access to 911 and other emergency authorities.

The CVTA amends the Communications Act of 1934 by expanding access to products and services within the FCC’s authority, such as video conferencing and telecommunications relay services; video programming services, including television and Internet-based streaming services; and emerging technologies, such as augmented and virtual reality used for communication purposes. In contrast, the Websites and Software Applications Accessibility Act requires the establishment of uniform accessibility standards for websites and applications, and will be implemented by the Department of Justice. If the CVTA and web access bills overlap, the CVTA clarifies that a person seeking to make video and communications technology accessible under the Communications Act may also seek enforcement of their rights through other disability laws that apply to that person’s situation. This will allow people with disabilities to choose between pursuing private enforcement of disability laws in state and federal courts – for example, under the ADA – or seeking administrative remedies through the FCC.

Three years after the Act’s passage, and every 5 years thereafter, the CVTA requires the FCC to develop a report, in consultation with the United States Access Board, discussing accessibility barriers resulting from emerging communications and video programming technologies. This includes, but is not limited to, technologies that use augmented reality, virtual reality, extended reality, dual reality, artificial intelligence and other advanced machine learning, wireless technologies, including WiFi and Bluetooth, robotics, spatial computing, the Internet of Things, and other forms of advanced computing power. The CVTA notes in particular the need to assess barriers affecting people who are blind, deaf, or deafBlind or have low vision, or have an auditory processing disorder, a cortical or cerebral visual impairment, or a speech disability. In addition, the report must consider the impact of emerging technologies on people with disabilities who have limited language, have significant, targeted, or multiple disabilities, have disabilities limiting communication, lack access to broadband, or face heightened barriers as a result of other protected-class discrimination.