Broadband Law Advisor Blog

FCC Seeks Comment On Latest VPAAC Report On Video Description and Emergency Information

Brian Hurh — Thu, 26 Apr 2012 06:25:35 -0800

Earlier this month, the Video Programming Accessibility Advisory Committee (VPAAC) released its Reports on Video Description, Access to Emergency Information, and User Interfaces, Video Programming Guides and Menus. These reports respectively summarize the VPAAC's investigation and recommendations regarding these topics.

This week, the FCC announced that it is seeking the public's general reactions to these reports.

With respect to access to emergency information and video description, the FCC has asked for general feedback:

We seek comment on the portions of the VPAAC Second Report that address access to emergency information and device capabilities with respect to the provision of video description and emergency information. How should these portions of the VPAAC Second Report inform our forthcoming rulemakings? In particular, we ask commenters to indicate whether they agree with the pertinent recommendations in the VPAAC Second Report, and if so, why. Are there additional issues that the Commission should consider as it prepares to commence these rulemakings?

Initial comments are due May 24. (Full press release availabler here.)

The FCC's request for comment on the VPAAC's report related to user interfaces, video programming guides and menus is essentially the same:

We seek comment on the portion of the VPAAC Second Report that addresses the above
issues pertaining to making user interfaces, video programming guides, and menus accessible on video programming apparatus and navigation devices. How should this portion of the VPAAC Second Report inform our Notice of Proposed Rulemaking about user interface, video programming guide, and menu accessibility? In particular, we ask commenters to indicate whether they agree with the pertinent recommendations in the VPAAC Second Report, and if so, why. Are there additional issues that the Commission should consider as it prepares to commence this rulemaking?

Initial comments are also due May 24. (Full press release available here.)

Comment Dates Set for FCC's Proceeding to Improve the Video Relay Service Program

Brian Hurh — Mon, 06 Feb 2012 14:13:36 -0800

By Maria Browne

Last week, the Federal Communications Commission’s proceeding to consider proposed improvements to the structure and efficiency of the video relay service (“VRS”) program was published in the Federal Register, thus setting the deadline for initial comments by March 2, 2012, and replies by March 19, 2012.

VRS allows persons with hearing or speech disabilities or who are deaf-blind to use American Sign Language to communicate in near real time through a communications assistant, via video over a broadband Internet connection. The stated goal of the FCC’s proposals is “to ensure that VRS provides functionally equivalent communications services to its users – particularly given advances in commercially-available technology – and remains immune from the waste, fraud, and abuse that has threatened its long-term viability.”

The FCC identified two fundamental flaws with the existing VRS program: (1) no real opportunity for VRS providers to compete for other providers’ VRS users, and (2) VRS users’ lack of access to off-the-shelf VRS access technology. The FCC has proposed numerous options to address these problems including

Using the TRS Fund to provide discounted broadband Internet access to the VRS user community;
Revising the compensation structure for marketing of VRS services;
Creating VRS access technology standards that are conceptually similar to the part 68 standards for traditional CPE;
Mandating off the shelf VRS technology;
Funding iTRS access technology with TRS fund;
Changing the current compensation mechanism to reduce incentives for fraud and abuse; and
Establishment of a VRS user database.

FCC Adopts Lifeline Reform Order; Link Up Eliminated Except in Tribal Lands

Brian Hurh — Wed, 01 Feb 2012 07:26:27 -0800

By James Smith and Danielle Frappier

The Federal Communications Commission (FCC) yesterday (Jan. 31, 2012) adopted its long-awaited Report and Order and Further Notice of Proposed Rulemaking (Order and Rulemaking) reforming and modernizing the federal Low Income program, with the goals of preserving this important program while introducing significant program funding reductions and cost savings. The Order sets a savings target of $200 million in 2012, and seeks to save up to $2 billion over the next three years.

As we have described in our Mar. 7, 2011 and Aug. 9, 2011 advisories, the Low Income component of the Universal Service program has provided subsidies for telephone services to low income Americans by paying a portion of their monthly recurring charges (Lifeline) and service activation fees (Link Up).

The full text of the FCC’s Order has not yet been released; we will provide a more detailed report when it becomes available. Based upon the FCC’s brief News Release, FCC Commissioner and staff statements during the FCC’s meeting and a subsequent press conference yesterday, we can report the following key elements of the Order:

(Continuing reading here)

DWT Advisory: FCC Adopts Closed Captioning Rule for Online Video Programming

Brian Hurh — Tue, 17 Jan 2012 13:35:58 -0800

By Maria T. Browne, Brendan Holland, Brian J. Hurh, and Ronald G. London

The Federal Communications Commission (FCC) has adopted a Report and Order (R&O) establishing rules for the closed captioning of video programming delivered via Internet protocol (i.e., IP video), as required by the 21st Century Communications and Video Accessibility Act (CVAA). As discussed in our advisory on the CVAA and our overview of the Report by the Video Programming Accessibility Advisory Committee (VPAAC) making recommendations for FCC implementation, the CVAA compelled the FCC to adopt rules that require captioning of IP video programming that was published or exhibited with captions on TV after the effective date of such regulations (covered IP video).

The new rules govern TV stations, cable systems, broadcast and cable networks and virtually every other professional video program producer who is now, or will be in the future, making programming available online. The rules also impose new requirements on hardware (such as set-top boxes, PCs, smartphones DVD players, Blu-ray and tablets) designed to receive or play back video programming transmitted simultaneously with sound and integrated software. With rules that are so wide-reaching, everyone involved in these businesses needs to understand what the new rules entail.

(Continuing reading the DWT Advisory.)

FCC Releases Final Rules on Closed Captioning for IP-Delivered Video Programming

Brian Hurh — Fri, 13 Jan 2012 13:34:28 -0800

UPDATE: Our DWT Advisory on the IP Closed Captioning Report and Order is now available here.

This afternoon, the FCC released its long-anticipated Report and Order that sets forth the Commission’s new closed captioning rules for IP-delivered video programming, pursuant to the 21st Century Communications and Video Accessibility Act (CVAA). As we explained when the rules were first proposed in September, the CVAA had directed the FCC to establish how and when certain IP-delivered video programming must be captioned, as well as the closed captioning capabilities for devices used to view video programming. The R&O adopts closed captioning requirements for owners, providers, and distributors of IP-delivered video programming; a safe harbor technical standard and delivery format for IP video captions; a staggered compliance schedule; complaint rules; and requirements for manufacturers of devices used to view the video programming at issue.

We are currently reviewing this comprehensive rulemaking, and will post our in-depth review next week, both here and on our DWT Advisories page.

Accessibility Rules for Advanced Communication Services Published in Federal Register; Effective Dates Set For Compliance with Accessibility and Recordkeeping Obligations

Brian Hurh — Tue, 03 Jan 2012 08:35:44 -0800

On December 30, 2011, the Federal Communications Commission's rules for ensuring the accessibility of Advanced Communication Services (e.g., VoIP, electronic text and interoperable video conferencing services) to persons with disabilities was published in the Federal Register, thus setting the effective date for the rules at January 30, 2012 (30 days from publication). (We previously discussed the rules as released by the FCC in an earlier post.) However, full compliance will not be required until October 8, 2013. The FCC expects covered entities to immediately begin incorporating accessibility features and considerations into their products and services to meet this deadline.

A covered entity's recordkeeping and certification obligations, however, are expected to become effective on January 30, 2013 (subject to OMB approval), with immediate compliance due thereafter. As discussed in our earlier post, on this date, covered entities (including legacy interconnected VoIP providers) must maintain records of compliance AND certify annually (under oath) to the FCC that such records are being maintained. The FCC has previously stated that it expects the first certification to be due in April 2013. Covered entities should begin contemplating policies and procedures for creating, maintaining and, if necessary, disclosing records, and identifying the appropriate person(s) for certifying to the FCC and handling complaints and inquiries.

Revised FCC Form 499-A Released To Include Non-Interconnected VoIP Providers; FCC Registration Required By December 31

Brian Hurh — Wed, 09 Nov 2011 07:36:58 -0800

The FCC has posted its revised Form 499-A to include "non-interconnected VoIP providers" as a category of required filing entities. As we discussed previously, new FCC rules now require certain non-interconnected VoIP providers (including one-way services) to (1) register with the FCC by December 31, 2011, and (2) report revenues to the FCC by April 1 each year for purposes of contributing to the federal TRS fund.

The revised 499-A is available on the FCC's website here.

FCC Requires Certain Non-Interconnected VoIP To Register with FCC and Contribute To Telecom Relay Service Fund

Brian Hurh — Wed, 12 Oct 2011 10:48:29 -0800

In addition to releasing its final "advanced communications services" accessibility rules this weekend (which requires accessibility of VoIP, texting, and video chat on a wide range of devices and communication services, as I discussed earlier here), the FCC also released its Report and Order (available here) requiring certain non-interconnected VoIP providers (including both two-way and one-way VoIP services) to register with the FCC and contribute to the Telecommunications Relay Services (TRS) Fund, similar to how telecommunications carriers and interconnected VoIP providers currently do. The requirement is significant, in that it further extends the FCC's reach to IP-based services that have been historically free from regulatory oversight.

In general, the new rules only apply to providers that offer non-interconnected VoIP:
(1) on a stand-alone basis for a fee; or
(2) offered with other non-VoIP services (such as on multi-purpose devices) that generate end-user revenue but only if (i) the non-interconnected VoIP service is also available on a stand-alone basis, or (ii) the non-VoIP services are available without the non-interconnected VoIP service feature at a discounted price.

Consequently, all other non-interconnected VoIP providers are not required to register with the FCC or contribute to the TRS fund.

Registration involves submitting an FCC Form 499-A to the Commission by December 31, 2011, and includes obtaining an FCC registration number (which is straightforward) and designating a District of Columbia agent for service of process. While this deadline may seem far away, note that the Form 499-A, in its current form, consists of 45 pages of instructions and forms.

Funding requires an annual revenue reports to the Commission (again, using the Form 499-A), with the first report due April 1, 2012, and then annually thereafter. Non-interconnected VoIP providers may follow the same approach to reporting revenue as interconnected VoIP providers, meaning, such entities may report their interstate revenue based on actual revenue, a traffic study, or the 64.9 percent safe harbor rate.

Look for our DWT Advisory on the TRS Report and Order for further details.

FCC Releases Final Rules on Accessibility of VoIP, Texting and Video Chat; Rules Cover Incidental Services and Equipment

Brian Hurh — Mon, 10 Oct 2011 18:17:26 -0800

UPDATE: For more details about the new ACS rules, please read our DWT Advisory, which is now available here.

Over the Columbus Day weekend, the FCC released its final rules (available here) on the accessibility of advanced communications services (ACS). (ACS includes interconnected and non-interconnected VoIP, electronic messaging services, and interoperable video conferencing services.) My initial read indicates that the FCC chose to broadly cover all types of ACS. Indeed, the FCC's final ACS rules narrowly exempt only custom equipment designed for businesses and other enterprise customers, as well as public safety entities. [UPDATE: The FCC also adopted a temporary exemption for small businesses based on SBA standards. That exemption expires when the FCC adopts formal small business exemption rules pursuant to further rulemaking proceedings, or Oct. 8, 2013, which is earlier.] Thus, while many niche markets like gaming consoles argued for an exemption or waiver during the rulemaking proceeding, the FCC did not grant such requests, and specifically instructed such entities (including gaming equipment, services, and software; and TVs and Digital Video Players enabled for use on the Internet) to re-file their waiver requests pursuant to the FCC's new waiver process under the final rules.

The broad scope of the final rules means that a wide range of equipment, including tablets, laptops and smartphones, are subject to the FCC's accessibility rules. Covered providers of ACS include those that offer ACS over their own networks or accessed over other networks, and such providers are responsible for the accessibility of underlying components of their service, including software applications. The FCC specifically rejected calls for exempting services that only incidentally use ACS.

The FCC's release includes a further notice of proposed rulemaking to further determine certain accessibility issues, including, among other things, the scope of the small entity exemption, the meaning of "interoperable", and the applicability of the rules to video mail.

Look for our DWT Advisory for a more detailed report of the FCC's final rules and further rulemaking proceeding.

Internet Closed Captioning Proposed Rules Published in Fed Reg - Comments Due Oct. 18; Replies due Oct. 28

Brian Hurh — Wed, 28 Sep 2011 06:30:40 -0800

UPDATE: The FCC has extended the deadline for reply comments to November 1, 2011. Press release is available here.

The FCC's proposed rules for Internet closed captioning have been published in the Federal Register (available here), which means that the comment periods are set. As we discussed in our earlier posting about the NPRM (here), the FCC has set very short deadlines for comments and replies, a reflection of the short time frame in which the FCC must adopt final rules (January 2012).

Feel free to contact us for more information about the issues involved and how they may impact your business.

FCC Releases Proposed Internet Closed Captioning Rules

Brian Hurh — Mon, 19 Sep 2011 18:02:16 -0800

In a very late release today, the FCC has issued for comment its proposed rules for closed captioning of IP-delivered videos (NPRM available here). Pursuant to the 21st Century Communications and Video Accessibility Act (discussed earlier here) and other related events, the FCC is required to adopt final Internet closed captioning rules by January 12, 2011. This gives the FCC less than four months to solicit and consider comments and replies before issuing its final rules. Consequently, the FCC has provided a mere 20 days (from publication in the Federal Register) to submit comments, and 10 days to submit reply comments. Interested parties may want to start drafting their comments now.

As we noted earlier here, the Video Programming Accessibility Advisory Committee had issued its report of recommendations for implementing closed captioning on the Internet. That report recommended, among other things, an Internet closed captioning standard (SMPTE-TT) and a schedule of tiered compliance deadlines.

In the NPRM, the FCC has proposed NOT to adopt a technical standard, but has instead proposed to allow parties to negotiate an appropriate interchange format. The FCC believes that, if SMPTE-TT is indeed the "best interchange format, [then] the industry will settle on that format without Commission intervention and, if it is not [the best], the industry will come to a different agreed-upon format." The FCC did, however, leave itself the option to adopt a standard under the final rules. Thus, the FCC has asked whether it should allow parties to comply using "alternate means" rather than an FCC-adopted standard.

On the other hand, the FCC has proposed to adopt the VPAAC's recommended compliance schedule, which the FCC deemed to be "reasonable." That schedule, if unchanged under the final rules, would require the following compliance deadlines (measured from the date the final rules are published in the Federal Register):

Within 6 months: Prerecorded programming that is unedited for Internet distribution;
Within 12 months: Live or near-live programming;
Within 18 months: Prerecorded programming that is edited for Internet distribution.

Other highlights from the NPRM include:

Proposed procedures for petitioning the Commission for full or partial exemptions under the same "economically burdensome" standard used with respect to television closed captioning;
Request for comments as to the meaning of "de minimis failure to comply" and relevant factors, including type of failure, reason for failure, frequency of failure (one-time or continuous), and timeframe within which the failure was remedied.

Further details of the NPRM will be provided in our DWT Advisory, which we will release shortly.

UPDATE: Our DWT Advisory on the IP closed captioning NPRM is now available here.

Net Neutrality Regulations Will Soon Be In Effect

Chris Fedeli — Tue, 13 Sep 2011 11:27:24 -0800

UPDATE: Rules published Sept. 23, effective November 20. Rules now subject to legislative and industry challenges. Read our DWT Advisory here.

On September 9, 2011, the Office of Management and Budget (OMB) signed off on the new data collection requirements of the FCC’s net neutrality order. This allows the Federal Register to publish the net neutrality regulations, which should occur within the next few weeks. The new rules will become effective 60 days after they are published. In addition, upon publication in the Federal Register, parties can appeal the rules in federal court. Verizon had appealed the FCC’s net neutrality order to the US Court of Appeals for the DC Circuit earlier this year, well before the OMB had approved the regulations. However, in April 2011 the DC Circuit dismissed the appeal as premature.

By way of background, the FCC adopted its net neutrality order in December of 2010 (full summary here). One of the regulations adopted in that order requires broadband service providers to disclose their network management practices to consumers. This constitutes a government-mandated data collection triggering the terms of the Paperwork Reduction Act. Under the PRA, the OMB must approve certain data collections imposed by federal agencies prior to their effectiveness.

FCC Releases Order Reinstating Video Description Rules

Brian Hurh — Thu, 25 Aug 2011 09:57:49 -0800

UPDATE: DWT's Advisory on the Video Description rules is now available here.

The FCC has released its Report and Order (available here) reinstating its rules for “video description” pursuant to the Twenty-First Century Communications and Video Accessibility Act (CVAA) that was signed into law last October. The video description rules were first adopted in 2000 but later vacated by the D.C. Court of Appeals for lack of sufficient authority. The CVAA rectified this by expressly authorizing the FCC to reinstate the rules, with some modifications. (See our discussion of the CVAA here.)

DWT previously discussed the FCC’s rulemaking to reinstate the video description rules back in March (available here), and will again release a detailed analysis of the reinstated rules as adopted in the Report and Order (sign up here to receive a copy of our DWT Advisory). In the meantime, here are some highlights from the Report and Order:

Covered entities: Large-market broadcast affiliates of the top four national networks, and MVPDs with more than 50,000 subscribers, must provide video description.

Hours Requirement: Covered broadcasters are required to provide 50 hours of video-described prime time or children’s programming, per calendar quarter. Covered MVPDs are required to provide the same number of hours on each of the five “most popular” nonbroadcast networks (this does not include two nonbroadcast networks that primarily air programming recorded less than 24 hours before it is first aired, i.e., ESPN and Fox News).

Pass Through: All network-affiliated broadcasters (commercial or non-commercial) and all MVPDs must pass through video description provided with programming, but only to the extent that they are technically capable of doing so and when that technical capability is not being used for another purpose related to the programming.

Compliance: As required under the CVAA, the rules will be reinstated on October 8, 2011. Covered broadcast stations and MVPDs must begin full compliance on July 1, 2012.

Follow the Broadband Law Advisor on Twitter

Brian Hurh — Fri, 12 Aug 2011 07:09:15 -0800

The Broadband Law Advisor is now available through Twitter! Follow us @DigiNetAtty for the latest news on FCC broadband policy and rulemakings, and other emerging technology news, now from your Twitter account.

Follow @DigiNetAtty

FCC Promotes Wireless Backhaul by Relaxing Microwave Rules

Chris Fedeli — Wed, 10 Aug 2011 12:45:27 -0800

Yesterday, the FCC released an Order and Further Notice of Proposed Rulemaking relaxing its rules to facilitate the use of microwave spectrum, particularly in the 7 GHz and 13 GHz bands (6875-7125 MHz and 12700-13150 MHz, respectively), for wireless backhaul. The FCC’s action opened up 650 MHz of spectrum in rural areas where TV pickup operations are not already licensed. This decision implements a National Broadband Plan recommendation that the FCC “enhance the flexibility and speed with which companies can obtain access to spectrum for use as wireless backhaul and other wireless services” to promote broadband deployment, including 4G in rural America. The FCC adopted many of its earlier proposals, which we summarized here last year. Significantly, the new rules will not disturb existing CARS microwave licenses operating in the 13 GHz band.

“Wireless backhaul” is use of spectrum instead of fiber, copper, or cable to transport data traffic over longer distances, typically from a wireless provider’s cell sites back to a wireline backbone network. The use of wireless backhaul will facilitate wireless broadband deployments by lowering costs and providing a practical alternative where fiber and other wired technologies are unavailable, particularly in rural areas.

Briefly, the rule changes are as follows:

· The FCC will issue new fixed microwave service licenses under Part 101 in rural areas in the 7 GHz and 13 GHz bands. Those bands have historically been exclusively available for the Broadcast Auxiliary Service (BAS) and Cable TV Relay Service (CARS). Traditionally, only MVPDs and broadcasters were licensed in these frequencies for both fixed and mobile video traffic transport. Under the new rules, the FCC will license new entrants only in the more rural areas where no mobile CARS or mobile BAS (or “TV Pickup”) stations are currently licensed. The FCC kept this limitation in order to protect mobile CARS and BAS electric newsgathering (ENG) operations, which send signals of live news reports back to broadcast studios or cable headends. The FCC found that any broader general use of these bands in urban areas would risk too much interference with ENG transmissions. In addition, to preserve future ENG operations in rural areas, the FCC also reserved 50 MHz in each of the two bands for exclusive rural mobile CARS and mobile BAS use.

· The FCC eliminated the “final link” rule, which prohibited broadcasters from using non-BAS frequencies for their last mile video backhaul links to studios. The FCC adopted this change despite some concern that it would reduce the amount of wireless spectrum available in urban areas for telecommunications backhaul links.

· The new rules allow for adaptive modulation in microwave operations, which will enable temporary divergences from the FCC-mandated minimum carriage payloads. Traditionally, the Commission required a certain amount of traffic to travel over microwave links in order to ensure efficient use of the spectrum. This new operating flexibility, the FCC reasons, will increase both the long-term reliability and cost-effectiveness of middle-mile links.

· Finally, the FCC declined to adopt its proposal to allow licensees to add “auxiliary stations” to existing point-to-point microwave licenses. Under this proposal, microwave licensees would have been able to add multiple new antenna sites to an existing license in order to re-use authorized frequencies in a way that varies from the underlying license parameters. Instead, the current rules will remain in place, which require microwave spectrum licensing on a site-by-site basis for each path, frequency, and antenna deployed. The FCC determined the proposal would have caused too much interference to existing licensed microwave operations.

The FCC also asked for comments on certain proposed additional rule changes. Among those proposals are:

· Allowing smaller antennas in the 6 GHz, 18 GHz, and 23 GHz microwave bands. In comments submitted on last year’s NPRM, many parties pointed out that carriers could deploy smaller antennas more cheaply because they put less weight and load on towers. Other commenting parties opposed the idea, noting that smaller antennas often use spectrum less efficiently by necessity of their size, so their deployment could lead to more harmful microwave band interference.

· Whether to further relax the minimum payload standards for microwave operations in rural areas. As with the adaptive modulation rule change discussed above, exempting licensees in non-congested areas from minimal capacity requirements could lead to cost savings in wireless backhaul. Critics charge that further reductions in efficiency standards (even if limited to rural areas) would simply encourage more inefficient spectrum use while simultaneously discouraging technical innovation.

· Authorization of wider channels in certain microwave band. Currently, microwave licensees in the lower 6 GHz and 11 GHz bands are limited to 30 and 40 MHz authorized channels. Commenters argue these bands could easily accommodate new licensed operations using 60 and 80 MHz channels. The FCC asks whether increases in authorized channel size are appropriate in light of increased backhaul traffic demands, or whether such large allocations would merely encourage inefficient use and needlessly deplete this spectrum.

Comments and reply comments on the NPRM are due October 4 and October 25, 2011.

New CableCARD Rules In Effect - Operators Must Provide Customers Additional CableCARD Rate Information, Offer Self-Installation of CableCARDs, and Offer "Bring Your Own Box" Discounts to Certain Customers

Brian Hurh — Tue, 09 Aug 2011 11:12:54 -0800

As we discussed in our earlier DWT Advisory here, last year the FCC adopted additional obligations for cable operators related to their support for customer use of retail CableCARD devices. The effective date of some of these new rules had been deferred pending approval by the Office of Management and Budget. That approval has now occurred and additional rules described below became effective August 8, 2011. On that date, the FCC Enforcement Bureau issued an Enforcement Advisory advising cable operators that it will “strictly enforce” the new rules.

The newly effective rules include:

Operators that currently permit self-installation of any equipment must proactively offer new CableCARD customers the option to self-install their CableCARDs in most devices; operators that do not permit equipment self-installs must allow self-installation of CableCARDS by November 1, 2011.

Operators that offer any set-top boxes included in the base price of a bundle or promotion must offer a credit to customers that do not take the box because they instead use a retail CableCARD device.

Operators must provide conspicuous notice to customers in the annual notice and in the operator’s website or billing inserts the rate they charge for CableCARDs in retail devices and those included in leased set-top boxes, and also the details of the “bring your own box” credit described above.

The Enforcement Advisory omits two details regarding the newly-effective rules. First, it fails to mention that the obligation to offer self-installation only applies to devices whose manufacturer provides specified levels of support for self-installation; however, operators may choose, for administrative convenience, not to have their customer service representatives quiz the customer on his or her type of device and instead issue CableCARDs, for a charge, to any customer that requests them. Second, the Advisory fails to mention that operators may use bill inserts as an alternative to posting information on their website. We do not believe these omissions were intentional and the published rules (available here) should control.

Please see our prior advisories or contact us for information about the other new rules or if you have questions.

Accessibility Advisory Committee Releases Report on Internet Closed Captioning, Proposes Tiered Schedule for Rule Compliance

Brian Hurh — Wed, 13 Jul 2011 11:07:09 -0800

The Video Programming Accessibility Advisory Committee has released its report to the FCC on closed captioning of IP-video programming (available here), as required by the 21st Century Communications and Video Accessibility Act passed last October. As we explained earlier here, the Accessibility Act requires that, once a television program is published or exhibited on television with closed captions, any subsequent distribution of that programming on the Internet must include closed captions.

The Accessibility Act requires that the FCC revise its closed captioning rules within 6 months of the Committee's report, thus, new FCC closed captioning rules must be in place no later than January 13, 2012. (The report is dated July 13, 2011, though it appears to have been released July 11.) The report proposes the following compliance schedule based on the date the FCC's revised rules are published in the Federal Register:

Within 6 months: programming that has been prerecorded and unedited for Internet distribution;
Within 12 months: live and near-live programming
Within 18 months: programming that has been prerecorded and substantially edited for Internet distribution.

In addition, the report sets forth the Committee's recommendations for performance objectives, technical requirements, and technical capabilities and procedures related to closed captioning on the Internet. The report also contains a discussion on new technological developments such as emerging protocols and other innovations that may affect the delivery of Internet closed captioning in the future.

FCC Seeks Comment on Extending E911 Rules to One-Way Outbound-Only VoIP, Improve Location Capability of Inteconnected VoIP

Brian Hurh — Tue, 12 Jul 2011 13:56:05 -0800

UPDATE: The FCC has released its order and notice of proposed rulemaking regarding the issues discussed below. Note also that the Commission has also requested comment on whether to revise the definition of "interconnected VoIP" to include calls made over any "Internet connection" (thus capturing VoIP calls over dial-up) and/or calls that connect to domestic telephone numbers (US E.164 numbers) rather than just the PSTN, which would cover calls made entirely over an IP-network. The Notice of Proposed Rulemaking, Third Report and Order and Second Further Notice of Proposed Rulemaking (FCC 11-107) is available for your reading pleasure here.

At this morning's Open Meeting, the FCC adopted a notice of proposed rulemaking seeking comment on whether to extend E911 rules for two-way interconnected VoIP providers to outbound-only interconnected VoIP services. If adopted, many one-way VoIP services that have thus far avoided FCC "regulation" may soon be subject to federal E911 obligations. And like all things regulatory, this could possibly open the door to additional regulatory obligations that have already eroded somewhat the concept that VoIP is an unregulated IP service, obligations such as CALEA, accessibility/disability, local number portability, and FCC discontinuance notice requirements. Indeed, the FCC is already poised to release its final rules to extend new accessibility/disability rules, including FCC registration and TRS funding/reporting, on one-way interconnected VoIP services pursuant to the 21st Century Communications and Video Accessibility Act that was signed into law last October, which we discussed in detail here.

The rulemaking also seeks comment on how to improving automatic location information for VoIP 911 calls and other location-based technologies. The FCC also adopted a report and order revising location accuracy rules for wireless carriers.

At this time, the report and order and the proposed rulemaking have not yet been released. For the time being, additional information can be gleaned from the FCC's news release, available here.

Comment Period Set for FCC's Proposal to Extend Network Outage Reporting Regulations to Interconnected VoIP and Broadband ISPs

Brian Hurh — Thu, 09 Jun 2011 07:26:37 -0800

The FCC's Notice of Proposed Rulemaking to extend outage reporting requirements, currently imposed on legacy circuit-switched telephone and paging services, to interconnected VoIP providers and broadband ISPs, was published today in the Federal Register, thus setting the comment period for this proceeding, but more importantly, establishing yet another attempt to regulate Internet networks through the Commission's ancillary jurisdiction.

The FCC found that these outage reports have led to improvements in the engineering, provisioning, and deployment of telecommunications infrastructure and services. By extending the reporting obligation to interconnected VoIP providers and ISPs, the FCC hopes that such reports will similarly help to track and analyze information on outages affecting broadband networks, and help determine the extent of nationwide problems and recurring issues, among other things.

The FCC concedes that extending the outage reporting requirements would impose an additional burden on interconnected VoIP providers and ISPs, but concluded that because these providers already collect outage information for internal use, providing the same information to the FCC on a confidential basis would have a minimal burden.

Not surprisingly, the FCC seeks comment on its authority to extend the outage reporting rules to interconnected VoIP or broadband ISPs. Specifically, the FCC relies on interconnected VoIP providers' statutory duty to provide E911 service as the basis for arguing that outage information is "reasonably ancillary" to the VoIP 911 mandate. And because interconnected VoIP "by definition" depends on broadband networks, the FCC found that extending the reporting requirements to broadband ISPs was also "reasonably ancillary" to a VoIP providers' E911 obligations. It remains to be seen whether the FCC's indirect association between outage information and E911 will hold water, which may in turn depend in part on how hard VoIP providers and ISPs push back against the FCC's proposal.

Comments are due August 8, 2011, and reply comments are due October 7, 2011. For more information about the FCC's outage reporting rules and how they may impact VoIP and broadband companies, please contact Michael Sloan or Brian Hurh.

DWT Advisory: New Do-Not-Track Bills Target Online Behavioral Marketing and Mobile Apps

Paul Glist — Fri, 13 May 2011 04:48:11 -0800

Two new “do-not-track” privacy bills would impose new restraints on online tracking, behavioral marketing, and the use of mobile application and geolocation data. Rep. Markey introduced his discussion draft with his co-chairman of the House privacy caucus, Rep. Barton. Their “Do Not Track Kids Online” bill would build on the current Child Online Privacy Protection Act (COPPA), which requires parental consent for collecting and using personal information online from children under 13.

Using the political hook of protecting children, the bill proposes to convert COPPA into a framework extending to online and mobile apps, and to tracking and marketing to all those under 18—in the process imposing age verification requirements and other processes that may redefine the apps and mobile experience for all users. Sen. Rockefeller’s version, the “Do Not Track Online Act of 2011,” would simply grant the Federal Trade Commission (FTC) the power to define and adopt the comprehensive do-not-track regime the FTC recommended in December 2010 (which we discussed in detail earlier).

(Continue reading)