[Senate Report 111-386] [From the U.S. Government Publishing Office] 111th Congress 2d Session SENATE Report 111-386 _______________________________________________________________________ TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010 __________ R E P O R T of the COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION on S. 3304December 22, 2010.--Ordered to be printed SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION one hundred eleventh congress second session JOHN D. ROCKEFELLER IV, West Virginia, Chairman DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada BARBARA BOXER, California JIM DeMINT, South Carolina BILL NELSON, Florida JOHN THUNE, South Dakota MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas TOM UDALL, New Mexico MIKE JOHANNS, Nebraska MARK WARNER, Virginia MARK BEGICH, Alaska Ellen Doneski, Staff Director James Reid, Deputy Staff Director Bruce Andrews, General Counsel Ann Begeman, Republican Staff Director Brian Hendricks, Republican General Counsel Todd Bertoson, Republican Senior Counsel 111th Congress Report SENATE 2d Session 111-386 ====================================================================== TWENTY-FIRST CENTURY COMMUNICATIONS AND VIDEO ACCESSIBILITY ACT OF 2010 _______ December 22, 2010.--Ordered to be printed _______ Mr. Rockefeller, from the Committee on Commerce, Science, and Transportation, submitted the following R E P O R T [To accompany S. 3304] The Committee on Commerce, Science, and Transportation, to which was referred the bill (S. 3304), to ensure that individuals with disabilities have access to emerging Internet Protocol-based communication and video programming technologies in the 21st century, having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. Purpose of the Bill The purpose of S. 3304 is to update the communications laws to help ensure that individuals with disabilities are able to fully utilize communications services and equipment and better access video programming. Background and Needs Although Congress has previously acted to ensure access to communications devices by people with disabilities, these laws were last updated in 1996. Since that time, the communications marketplace has undergone a fundamental transformation, driven by growth in broadband. Internet-based and digital technologies are now pervasive, offering innovative and exciting ways to communicate and share information. Through increased mobility and the use of data, the benefits of modern technology have profoundly altered our everyday lives, streamlining tasks and allowing mobile access to the Internet and a diverse menu of applications and services. Smart phones, global positioning systems (GPS), and video conferencing are but a few of the many technologies that Americans rely on daily. Many of these advances have improved the communications capabilities of individuals with disabilities. Nevertheless, the extraordinary benefits of these technological advances are sometimes not accessible to individuals with disabilities. Various studies have found that people with disabilities suffer disproportionately higher rates of unemployment and poverty than those without disabilities. For example, in 2008, only 40 percent of working-age people with disabilities were employed, while almost 80 percent of those without disabilities were working.\1\ If certain current and emerging technologies are not accessible to the disabled community, this economic disparity may increase. Enhanced accessibility could help diminish this economic divide. --------------------------------------------------------------------------- \1\ See, e.g., Cornell University, 2008 Disabilities Status Report- United States, Rehabilitation and Training Center on Disability Demographics and Statistics, p.32 (online at http:// www.ilr.cornell.edu/edi/disabilitystatistics/). --------------------------------------------------------------------------- Elderly Americans are also affected by this measure. The number of people over age 65 living in the United States is approximately 40 million, or 13 percent of the total population. One estimate shows that by 2050, that number is expected to increase to 88.5 million, or an estimated 20 percent of the population.\2\ This growth may be accompanied by a jump in the number of Americans with vision and hearing impairments who will need accessible communications products and services. --------------------------------------------------------------------------- \2\ United States Census Bureau, The Next Four Decades-The Older Population in the United States: 2010-2050 (May 2010) (online at www.census.gov/prod/2010pubs/p25-1138.pdf). --------------------------------------------------------------------------- Access to communications devices and video programming is also important to American service members, especially those injured in Iraq and Afghanistan. Current studies indicate that 13 percent of combat troops wounded in hostile operations sustain penetrating eye trauma resulting in vision impairment. Additionally, between 12 percent and 20 percent of deployed forces have traumatic brain injury (TBI), and 64 percent of service members who suffer TBI test positive for visual dysfunction.\3\ Finally, 58,000 veterans have reported ringing in their ears after returning from deployment to Iraq or Afghanistan, and the U.S. Department of Veterans Affairs reports that hearing loss will affect 800,000 veterans by 2011.\4\ --------------------------------------------------------------------------- \3\ Geoffrey Ling et al., Explosive Blast Neurotrauma, Journal of Neurotrauma (June 2009). \4\ Army Times, War is Hell-On Your Hearing (Apr. 24, 2010) (online at www.armytimes.com/news/2010/04/offduty