Disability Access Complaints to FCC Rise Sharply Since 2019

Informal complaints filed at the FCC about communications accessibility issues have risen for the past five years, and the nature of the complaints has shifted since the start of the COVID-19 pandemic four years ago, an FCC official told a virtual meeting of the commission’s Disability Advisory Committee on Thursday. The top accessibility complaint is about captioning.

On the other hand, so far complaints this year are down, about half of what the FCC received in the first quarter of 2023, said Will Schell, Disability Rights Office deputy chief, who briefed DAC members. “That is a major change from the trend of the last five years,” he said. “We’ll have to wait and see what the numbers tell us as the year goes on,” he added. However, the numbers remain high compared with pre-pandemic years, Schell said.

In 2023, complaints were up 69% compared with 2022, Schell said. In 2022, the number of complaints rose only 6% but were up 47% in 2021 and 64% in 2020 over the previous years. Before the pandemic, the top complaint was closed captions on traditional TV, he said. In 2019, TV captioning complaints were double the number of complaints about closed captions on the internet, he said. Starting in 2021, that “flipped” and by 2022 there were far more complaints about captioning on the internet, a trend that continues, he said.

The complaints tell us “the internet is more important than ever -- more and more people are watching video programming via the internet and there’s an expectation that it will be accessible,” Schell said. Closed captioning problems are about half of all complaints the disability office receives, he said. Some 25% of complaints are telecom relay service-related, with all other areas combined accounting for the other 25%, he said.

DAC also heard from Judy Brewer, assistant director-accessibility at the White House Office of Science and Technology Policy, who offered an overview of the administration’s work on disability access. She also took questions from committee members.

DAC member Scott Davert, representing the Helen Keller National Center, asked about AI and how the deaf-blind community can benefit from it. “It’s very concerning" because systems aren't designed for the deaf-blind population and this community is "left behind," he said. “It is a little difficult to determine an exact path forward, because AI is really just taking off,” he said.

When computer programs are written and policy developed, “there is not necessarily training and orientation to the needs of the quarter of the U.S. adult population that has disabilities,” Brewer responded. “There is a need at the design table, at the policy table, for many more people with disabilities,” she said.

DAC member Rene Pellerin said, “many, many atrocities” are “happening with the deaf/blind community as far as communications and accessibility barriers go.” Representing the American Association of the DeafBlind, Pellerin said, “Digital technology is really getting away from us, and we are lagging quite far behind.” Zoom offers interpreters on demand, but not the kind of tactile communications the deaf-blind need, Pellerin said.

Brewer said videoconference accessibility remains a concern. Platforms are progressing in some areas, but gaps remain, she said. “We’re hearing a lot from the deaf-blind community about gaps in accessibility requirements, so keep raising the issues,” Brewer said.

DAC member Rachel Nemeth, CTA senior director-regulatory affairs, said she wanted to “gently push back” on the concern that people with disabilities are sometimes ignored. CES offers a contest each year for products that offer improved accessibility and it's always fully subscribed, she said. Companies are “scrambling to innovate in this space” and address the requirements of consumers with accessibility needs, Nemeth said.

Brewer said she’s aware of CTA's work and the progress at CES, but she pressed against the pushback. “Recognition of accessibility as an innovation driver is a wonderful evolution,” Brewer said. While some apps and devices are designed with accessibility in mind, many still aren’t, she said. Some products “are coming out without any accessibility or with very unreliable accessibility” and there is still an “accessibility lag” in many cases.

DAC members were scheduled to hear updates from the committee’s working groups, but those were pushed off until the next meeting, on Oct. 18, because of time constraints and the number of questions members asked.