Trade Law Daily is a Warren News publication.
$10 Million for Deaf-Blind

House Commerce Clears ADA Internet Bill With Bipartisan Support

Internet accessibility legislation cleared the House Commerce Committee by a unanimous voice vote Wednesday. The committee reported the bill (HR-3101) to the full House with amendments addressing industry concerns, expanding video description requirements, and establishing an annual $10 million fund to subsidize equipment for the deaf-blind. Committee Chairman Henry Waxman, D-Calif., reaffirmed he wants to see the bills on the House and Senate floors next week in time for the 20th anniversary of the Americans with Disabilities Act. The Senate Commerce Committee passed its own version of the bill (S-3304) last week (CD July 16 p5).

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

A manager’s amendment by Communications Subcommittee Chairman Rick Boucher, D-Va., included expanding a provision that would reinstate video description rules. The amended bill would require description in all media markets, not just the top 25 markets as required in the previous version. The FCC could provide waivers to broadcasters that show financial hardship, Boucher said. The amendment also included several provisions suggested by Rep. Jay Inslee, D-Wash., at last month’s subcommittee markup.

Republicans said the amendment largely addressed their concerns that the disabilities bill was too broad in scope and could thwart innovation by dictating accessibility standards rather than goals. Those red flags had been raised most forcefully by the CEA, representing manufacturers. Communications Subcommittee Ranking Member Cliff Stearns, R-Fla., praised a “refreshing” bipartisan dialog that resulted in “some kind of consensus.” He particularly praised new language clarifying that companies wouldn’t have to make all devices and services accessible for all disabilities.

A separate amendment by Rep. Ed Markey, D-Mass., revived a $10 million subsidy for deaf-blind equipment that had been cut last month at the subcommittee markup. The original bill introduced by Markey had the money come from the Universal Service Fund, but Wednesday’s amendment switched the source to the interstate Telecommunications Relay Service fund. Stearns said he backed the amendment because the Congressional Budget Office found the payout wouldn’t increase the national deficit.

Rep. Tammy Baldwin, D-Wis., offered and withdrew an amendment requiring equal access to Public, Educational and Government (PEG) channels. The amendment would require PEG channels to be “at least equivalent in quality, accessibility, functionality and placement” to local TV stations.

CTIA and USTelecom praised the amended bill. “The biggest improvement to the bill was the addition of language clarifying that not every product or service must be designed to accommodate every possible disability,” said CTIA President Steve Largent. “Other improvements to the legislation include the clarification that there is no mandate to use or incorporate proprietary technology and the flexibility for the industry to determine how to achieve the bill’s accessibility obligations.” USTelecom President Walter McCormick said the bill “provides a sound and sensible roadmap for achieving greater accessibility.”