Media Accessibility. L a r r y G o l d b e r g, D i r e c t o r o f A c c e s s i b l e M e d i a, Y a h o o

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1 Media Accessibility L a r r y G o l d b e r g, D i r e c t o r o f A c c e s s i b l e M e d i a, Y a h o o

2 U.S. Legislation and Regulation TV Decoder Circuitry Act (1990) Telecommunications Act (1996) Section 508 of the Rehabilitation Act (1998) 21 st Century Communications and Video Accessibility Act (2010): CVAA The U.S. Justice Department statements and settlements

3 21 st Century Communications and Video Accessibility Act (CVAA)

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5 CVAA - Key Features Product Compliance IP Closed Captioning Video description (broadcast, cable, satellite TV only; no online requirements) Record Keeping Informal Complaint Process Penalties and Remediation

6 CVAA - Covered Entities Communications software and equipment manufacturers Service providers Video programming distributors Producers of video content Title I Communications Access ( Advanced Communications Access ) Browsing, SMS, Chat, Messaging Title II Video Programming Captioning (IP) and video description (TV only) User interfaces

7 CVAA - Closed Captioning Videos shown by distributor for 1 st time on internet Pre-recorded video programming that is not edited for the Internet Must be captioned on the Internet if it is shown on TV with captions on or after September 30, 2012 Edited for Internet means TV version substantially edited (deleting scenes, altering musical scores, etc.) Changing the number or duration of commercials is not considered editing for this purpose Live and near-live video programming Must be captioned on the Internet if it is shown on TV with captions on or after March 30, 2013 Near-live video programming is defined as programming that is performed and recorded less than 24 hours before being shown on TV for the first time Full-length, clips, montages Archived programming (pre-rule) All platforms: desktop, mobile, smart TV, over-the-top (Apple TV, Roku, etc.)

8 CVAA - Closed Captioning Caption user settings All settings must be persistent On/off control Text size - regular, 200%, 50% Text color, opacity, edging Fonts specified Background color, opacity Preview Feedback link

9 CVAA - Closed Captioning Videos shown by distributor for 1 st time on internet January 30, 2013 Pre-recorded video programming that is not edited for the Internet Must be captioned on the Internet if it is shown on TV with captions on or after September 30, 2012 Edited for Internet means TV version substantially edited (deleting scenes, altering musical scores, etc.) Changing the number or duration of commercials is not considered editing for this purpose March 30, 2013 Live and near-live video programming Must be captioned on the Internet if it is shown on TV with captions on or after March 30, 2013 Near-live video programming is defined as programming that is performed and recorded less than 24 hours before being shown on TV for the first time

10 CVAA - Closed Captioning Videos shown by distributor for 1 st time on internet September 30, 2013 Pre-recorded video programming Videos substantially edited for the Internet must be captioned if it is shown on TV with captions on or after September 30, 2013.

11 CVAA - Closed Captioning Archival Internet Video Programming On or after March 30, March 29, 2015 Distributors have 45 days to add captions to video programming that they already show on the Internet and that is later shown on TV with captions On or after March 30, before March 29, 2016 Distributors have 30 days to add captions to video programming that they already show on the Internet and that is later shown on TV with captions After March 30, 2016 Distributors have 15 days to add captions to video programming that they already show on the Internet and that is later shown on TV with captions

12 CVAA - Closed Captioning Quality Effective January 15, 2015 Quality equal to originally broadcast - Complete, start-to-finish - Accurate - In sync - Properly placed

13 CVAA - Video (audio) description Broadcast, cable, satellite TV only (no IP requirements) Four broadcast networks; five cable networks Four hours/week FCC was about to announce increases, but democracy happened

14 CVAA - Accessible User Interfaces December 20, 2016 Talking menus and program guides and magnification Navigation devices, apps and software Cable boxes, smart TVs, over-the-top boxes (Apple TV, Roku, Fire TV, TiVo, Comcast, others) 11 basic functions (power, input, volume, channel, play, pause, setup, etc.) + CC and description selection

15 CVAA - Compliance Dates And Deadlines January 30, 2012 Covered entities required to consider accessibility requirements during the design or redesign for new equipment and services October 8, 2013 All products and services offered in interstate commerce must be compliant Includes products/services previously offered Consumers can begin filing complaints with the FCC

16 CVAA - Compliance Dates and Deadlines October 8, 2015 IPTV and IP-DVPs waived until this date Devices designed primarily to view video content but also access advanced communication services (ACS) Cable set-top boxes Gaming (delayed until 2018) Game consoles Game distribution and online game play services Game software

17 CVAA - Record Keeping Maintain in the ordinary course of business, records of compliance with the new regulations implementing CVAA These records must include the following Information about efforts to consult with individuals with disabilities; Descriptions of the accessibility features that are a part of products and services Information about the compatibility of products and services with peripheral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access

18 CVAA - Informal Complaint Process Background No private right of action in court to enforce CVAA establishes process for informal complaints Permits complaints pursuant to FCC s established formal complaint procedures No statute of limitations on informal complaints

19 CVAA - Informal Complaint Process Burden of proof is on the defendant Defendant must produce documents demonstrating due diligence in the following: Exploring accessibility and achievability in design Development Testing Deployment stages Forms of remediation Directing the company to bring service into compliance within reasonable amount of time Fines of up to $100,000 per violation for each day of continuing violation Maximum fines of up to $1 Million per incident

20 20 IP Captioning User choices

21 21 IP Captioning ios Settings

22 Caption File Formats ( sidecar ) DFXP TTML SMPTE-TT (FCC safe harbor ) WebVTT SRT SCC Or embedded/encoded data in mpeg file Legacy formats: SAMI, SMIL, QTText, others

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24 What is video/audio description? Descriptive narration of key visual elements, which is then inserted within the natural pauses in dialogue to help low-vision viewers to better understand the story. Key visual elements are those which viewers with vision loss would ordinarily miss and include actions, costumes, gestures, facial expressions, scene changes, and onscreen text. - Descriptive Video Service at WGBH

25 How to deliver description TV and Internet SAP/ancillary audio channel Open description (alt. stream) Proprietary app Timed TTS via HTML5 WGBH/IBM project

26 Accessibility Costs and Process in the U.S to 2017 Captioning : $2,500 - $3,100/hour 2017: $ $5.00/min. (1/10 th cost) 1985: Manual entry; customized, proprietary software (Word processor + time code) 2017: ASR + human editing; software widely available 1985: Two non-profit companies 2017: Hundreds of companies (mostly for-profit) 1985: One TV distribution standard, one encoding standard 2017: Many IP delivery protocols, many caption formats

27 Accessibility Costs and Process in the U.S Video description 1990: $6,000 - $8,000/hour 2017: $2,000 - $5,000/hour (still high) Production process still mostly manual Writing, editing, voicing, mixing <10 providers Dynamic video, contextual image recognition in distant future Video players (mostly) don t support alt-audio selection; proprietary apps do (Netflix, itunes, Fire TV, TiVo, Roku )