ADA Internet Bill Sails Through Rockefeller Committee

The Senate Commerce Committee unanimously approved amended Internet accessibility legislation by Sens. Mark Pryor, D-Ark., and John Kerry, D-Mass., in a voice vote Thursday morning. The bill (S-3304) aims to increase the number of hearing aid-compatible phones, improve access to 911 emergency services, and expand and update closed captioning and video description requirements. Democrats and Republicans supported the bill, despite lingering concerns by CE companies (CED July 15 p6).

It would be “terrific” but may be unrealistic to get the accessibility bill to the floor July 26, the 20th anniversary of the Americans with Disabilities Act, Committee Chairman Jay Rockefeller, D-W.Va., told us after the markup. “I think you have those sort of moral goals, but [Senate Majority Leader and Nevada Democrat] Harry Reid’s moral goal is to move the train appropriately as fast as he can,” he said. “So when we get to the floor, we get to the floor, and we'll be very glad.” But the Senate has “too much legislation to be done."

Rockefeller brushed off concerns raised by CEA about the costs of complying with the bill. “You didn’t hear anyone vote against” the disabilities bill in the markup, he said. “Of course they're going to have objections. I mean, people who have to do more -- even though they should do more even on their own without any prodding from Congress -- are going to object, and their lobbyists are paid to object. And sometimes actually you don’t know if” objections are coming from the lobbyists or the corporations.

The ADA bill “takes a major step forward for people with disabilities by ensuring accessible technology,” Rockefeller said at the markup. The bill passed with several amendments, including one by Pryor, two by Sen. Maria Cantwell, D-Wash., and one by Communications Subcommittee Ranking Member John Ensign, R-Nev.

The Pryor amendment stripped Universal Service Fund language from the bill that would have provided $10 million in USF support for accessibility equipment. The amendment would instead have that $10 million come from the interstate Telecom Relay Service Fund. Among other changes, the amendment deleted language banning the FCC from charging a fee to individuals who file complaints alleging violations. The Cantwell amendments included tweaks requiring a new advisory committee set up by the FCC to, within one year, “conduct a national survey of individuals with disabilities … to determine the most effective and efficient technologies and methods by which to enable access to emergency services by individuals with disabilities.” Cantwell’s edits also would require that committee to recommend to the FCC updated E911 rules for relay services as technology evolves.

Ensign’s amendment would provide more flexibility to ISPs and manufacturers so they can innovate while meeting new requirements, he said at the markup. Other changes wanted by Ensign appeared in Pryor’s revised bill. Edits included “improving the cost and technical factors that the FCC must consider when implementing the bill, exempting consumer-generated online media from burdensome regulations, clarifying what online video content must be captioned and ensuring that the FCC relies on consensus accessibility technical standards,” his office said. The amendment clarified that accessibility rules wouldn’t apply to consumer-generated media, or if compliance was not “technically feasible” in addition to “achievable.” Ensign still has some concerns, but hopes to work them out before the final Senate vote, and have the bill ready for the president later this year, he said.

The bill is consistent with recommendations in the National Broadband Plan and an FCC white paper earlier this year, Communications Subcommittee Chairman Kerry said. The legislation isn’t burdensome to businesses, only requiring ISPs and manufacturers to comply when implementing accessibility is “achievable,” he said. USTelecom, CTIA and Verizon are all supportive, he added.

CEA appreciates efforts to address industry concerns in amendments adopted Thursday, the association said Thursday. However, “during the mark up, committee members noted that more work needs to be done to address outstanding concerns prior to full Senate consideration,” it said. CEA said it seeks to prevent “government-mandated design standards that chill innovation."

NCTA President Kyle McSlarrow praised “substantial improvements and clarifications made to the bill,” and efforts by Sen. Ensign “to promote consensus around identifiable and achievable goals.” The amended bill addressed “many of the concerns CTIA had with the bill at the time of its introduction,” said CTIA President Steve Largent. “While there are areas where CTIA would like to see additional changes, we are hopeful that our remaining concerns can be addressed before enactment.” USTelecom and Verizon praised the current bill in separate statements.

Accessibility advocates are “pleased that the new S-3304 is more aligned with HR-3101, the companion bill by Rep. Ed Markey, D-Mass., said Jenifer Simpson, a senior director with the American Association of People with Disabilities. The Markey bill was approved last month by the House Communications Subcommittee. However, the Coalition of Organizations for Accessible Technology still “has some outstanding concerns that we hope will be addressed,” she said.