Senator Allen is Silent as FCC Undermines Captioning Rules For the Deaf With Damaging Policy Changes
Advocates for the deaf and hard of hearing packed the most recent hearing of the Federal Communications Commission (FCC) on September 26, 2006 in protest of two major decisions that roll back the rights of the deaf and hearing impaired to closed captioning of emergency information and television programming, and the procedural irregularities surrounding those moves. Virginia advocacy groups such as the Northern Virginia Resource Center for the Deaf, are outraged by the series of steps taken by FCC Chairman Kevin Martin. Despite serving on the Senate Commerce, Science and Transportation Committee, which has jurisdiction over the FCC, Senator George Allen has met the deaf community’s protests with a stony silence!
First, in August, the FCC distributed a “Clarification” to TV stations in the top 25 major markets in the country that essentially eviscerated requirements that emergency information be provided through closed captioning to the deaf and hard of hearing. According to this FCC decision, all that the TV stations needed to do in emergency situations was “try” to provide captions. If the TV stations said they couldn’t do it and presented critical information through some other form of visual presentation, the commission would not second guess their judgment – even if it put lives at risk by not providing adequate details about tornadoes, hurricanes, forest fires, floods or other threats. In light of the breach of public trust by the federal government to persons with disabilities during Katrina, it is a solemn responsibility of our elected leaders to ensure that everyone has the information that is publicly available, which will allow people to make decisions consistent with their well-being.
Then, in a major departure from past policy, on September 12, 2006, the FCC suddenly undermined closed captioning rules that had been established in 1998 based on the Telecommunications Act of 1996. The rules required closed captioning to be phased in gradually over 8 years, with a requirement effective January 2006 that 100% of all new TV programs must be captioned unless captioning would be “an undue burden” (due to difficulty or expense.) Between 1999 and 2005, the FCC approved 3 of 67 requests for waivers – and each of the waivers was limited in duration to 1 to 3 years. On September 12, the FCC unexpectedly announced that it was for the first time ever granting permanent waivers to two TV programs and announced that it was “inclined favorably” to granting similar requests by a new category of TV programs. The FCC then granted nearly 300 additional requests, which made it clear that the FCC had essentially changed the rules without admitting that this was what they were doing. Advocates have filed for a notice of review and stay of both FCC decisions. Advocates for the Deaf, including representatives of the National Association of the Deaf (NAD), the Hearing Loss Association of America and the American Association of People with Disabilities, met with FCC Chairman Kevin Martin on Monday September 25th. However, Martin was intransigent and refused to concede any ground. So the deaf community turned out in force to protest at the FCC meeting the very next day. Jenifer Simpson, Technology & Telecommunications Policy Director at the American Association of People with Disabilities (AAPD) declared: "The FCC’s actions here are sending a signal to 31 million deaf and hard of hearing Americans that their government is not looking out for them. Closed captioning is critical to receiving information, learning about and participating in the world; from news and emergency information to comedies, drama, shopping, religion, real estate, home improvement, hunting, fishing, city nightlife, talk and quiz shows." Predictably, rubberstamp George F. Allen, with his 97% voting record in support of the Bush Administration, has failed to take action or call Commissioner Martin to account! Across the Commonwealth, deaf Virginians are asking “Where’s George?” as Virginia’s junior Senator is nowhere to be found despite being well-positioned to address the issue by virtue of his committee post. Take Action: Say that you were shocked to learn that the FCC has made a decision to grant a large number of captioning exemptions, and ask that it be reversed immediately. Add that you were even more shocked to learn that the FCC did not believe it was appropriate to hold major market broadcasters responsible for captioning life-saving emergency information in the midst of disasters and believe that the FCC ought to reverse this decision post haste! As appropriate, you may wish to add something personal, about how this is going to affect you or someone you care about, who is being shut out of full and equal societal participation because those programs and emergency information aren't accessible. To email, you can cut and paste these and send one email to all the commissioners with a cc to Monica Desai, who heads the Consumer and Governmental Affairs Bureau from whom the exemptions were issued. Just start your email with "Dear Chairman and Commissioners"
Martin Luther King wrote “Injustice anywhere is a threat to justice everywhere.” And this is a glaring injustice. So while the deaf may be taking the brunt of the FCC’s actions now, others could be harmed in the future if the Commission’s decision goes uncontested.
Gallaudet Student protest & Caucus Sign Up
In other news, in nearby Washington D.C., Gallaudet students have resumed their protests of the appointment of Jane Fernandes as the successor to the University's first deaf President ever, I. King Jordan. See http://www.washingtonpost.com/wp-dyn/content/article/2006/10/07/AR2006100700667.html and http://www.washingtonpost.com/wp-dyn/content/article/2006/10/06/AR2006100600405.html .
Are you a Young Democrat interested in these issues? Want to get involved in the VAYD Disability Caucus? Then go to http://groups.yahoo.com/group/VAYDDisabilityCaucus/?yguid=226818782 and sign up today!
Daniel Davis
VAYD Disability Caucus Chair