The Americans with Disability Act (ADA), passed in 1990, provided civil rights protection for individuals with disabilities, including those who are Deaf or hard of hearing. Five Titles compose the ADA, with different Titles covering different areas of public life. Title IV is directly related to telecommunications and broadcasting and is enforced through the Federal Communications Commission (FCC).
Telecommunications
Telecommunications is a broad term used for communication over cables or telephone systems. The ADA Title IV requires that all telephone companies provide a method of communication for individuals with Deafness. Because Deafness can run on a spectrum, with some people experiencing complete hearing loss, and other people experiencing partial hearing loss, there are several ways that Deaf or hard of hearing individuals can communicate.
One of the main ways Deaf individuals communicate through telecommunications is a teletypewriter (TTY) through a telephone relay system (TRS). A TRS allows a hearing person to speak with a Deaf or hard of hearing person using a relay center. When making a phone call, the Deaf individual would type their message and the relay center would make a voice call to the hearing person. TTY has been the main method of communication between Deaf and hearing individuals for decades, but with the rise of cellphones, texting is also a viable option for telecommunication. Despite an individual’s preferred method of communicating, the TTY system will always be in place and available for Deaf or hard of hearing individuals. There are relays in all 50 states for Deaf individuals to utilize.
Another telecommunication option that is available for Deaf individuals is a video relay service (VRS). While this is not currently required by the FCC, many TRS companies offer this service to Deaf individuals who communicate with sign language. When using a video relay system, the caller would communicate their message through sign language, which in turn would be communicated to the other party through an interpreter. The other party’s response would be relayed to the operator who would then communicate in sign language to the Deaf individual.
For those without complete hearing loss, a method of communication could be a voice carry over system. This allows an individual who wants to use their speaking voice to communicate with the same type of relay operator who would deliver the message to the hearing individual. The hard of hearing individual would receive a text response from the relay operator. The final option would be a captioned telephone service, where a special telephone is used to caption the conversation on a text screen using voice recognition software. This method is used mainly for individuals with partial hearing loss.
Mandatory Standards for TRS providers
The FCC, in conjunction with the ADA, states that a TRS provides a mandatory standard for providing appropriate service to Deaf or hard of hearing individuals. These include the TRS being available to callers 24 hours a day seven days a week. It requires a minimum amount of time an operator must stay on the phone with a caller to avoid disruptions in communication. It also states a minimum amount of phone calls be answered within an allotted time and that operators cannot ignore phone calls. Confidentiality of the call is also mandatory—no TRS operator can knowingly alter the conversation they are relaying, nor discuss it with others.
Closed captioning in television broadcasting
Another component of telecommunications is television broadcasting. The ADA, along with section 508 of the Rehabilitation act, and FCC closed captioning regulations state that any programing that is produced by state or local government must include closed captioning so that Deaf or hard of hearing individuals have appropriate access to programming. Broadcast television also falls into this category because it is a place of public accommodation. Therefore, television programs broadcast on network television and commercials must have their spoken words closed captioned. There are regulations to the captioning contained within these programs. They must be 99% accurate and they must be timely, meaning they are in sync with the action and speaking on the screen. They must also be complete; captioning of a television show must run for the entirety of the show, not just a portion. A final regulation is that captions be properly placed, often at the bottom of the screen. Captioning can not be placed across the action being depicted on the screen. If you ever feel like you are experiencing discrimination due to a lack of closed captioning or would like to file a complaint regarding inadequate access to telecommunication or broadcasting accommodations, you can reach out to the FCC, which is the enforcing agency of ADA laws regarding telecommunications.
Closed captioning in internet broadcasting
With the steady rise in internet usage by society, a debate has been brewing over whether online content is considered broadcasting and would be subject to the same laws that govern closed captioning on television. While several lawsuits have been filed regarding gaining access to captioned online videos, several judges have ruled that the internet is not a place of public accommodation and as such, videos created and available on the internet are not subject to the same closed captioning laws as television. While they are not subject to the regulatory standards, many websites, including the popular video producing website YouTube, do provide closed captioning options to viewers. While the FCC regulates the accuracy of captions, the same is not said for websites, so oftentimes the captions found on these videos are inaccurate and confusing, especially when there are extra sounds or music added in for effect.
Conclusion
The ADA, along with other enforcing agencies, has made many strides for Deaf and hard of hearing individuals to receive the same access to telecommunications and broadcasting. If you are ever in need of bridging the communication gap and creating an inclusive and accessible environment for all, reach out to Unspoken Language Services, a professional sign language interpreter service.
