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Communications and Video Accessibility Act

In 2010, the Americans with Disabilities' Act was revised and the Twenty-First Century Communications and Video Accessibility Act (CVAA) was signed into law. This new act was made to catch up to modern technology and to strongly create more accessibility for people with disabilities. There are two Titles that make up the CVAA–Title I for telecommunications access and Title 2 for video programming. The Federal Communications Commission (FCC) is the one responsible for issuing and regulating the law around the CVAA.

Although the act was signed in 2010, the gaming industry was not too keen on the requirements forced by the CVAA. The law states that “the communication functions offered by gaming” should be made accessible. This created friction and requests for the gaming industry to be exempt from the CVAA. [17] However, the FCC denied their petition. From 2010 to 2018, there’s been multiple waivers and exceptions made due to requests from software companies. But all throughout, the FCC has been determined in creating accessibility in gaming by quoting their realization, “how important gaming has become for social interaction, education, and even the fostering of professional and intimate relationships.” [17]

There is no perfect accessibility law that can foresee every problem that could come up. The FCC has been mostly focused on regulating the communication elements in video games, but not their design. Furthermore, the regulations that had been written were with a major focus on deaf-blind disabilities and not physical ones. Therefore, until 2015 the CVAA has required game consoles and distribution platforms to be accessible. [17] And yet, mainstream gaming is notorious for being inaccessible for people with disabilities.

The CVAA requirements for captioning were made for broadcast video only–the FCC does not expect video games to have captions. But, any device that offers Advanced Communication Services (ACS) needs to fall into compliance and make communication services accessible. For example, electronic messaging services or any two-way interactive messaging through a social networking site fit into the ACS. [17]

What does the CVAA impact? Well, to be succinct:

“The CVAA does not require you to make your games fully accessible.” [20]

This is because sometimes the costs in order to make video games fully accessible for every disability might not be achievable due to costs, like the company Rockstar reported in 2016 that from their calculations to make Grand Theft Auto V fully accessible for blind gamers, it would cost the company additional $128 million dollars. [17]

However, the CVAA does require manufacturers to think about accessibility in their development process instead of after their game has been released. Involving people with disabilities in the early development stage and keeping a record is required. Through this link that leads to the Recordkeeping Compliance Certification Registry, game makers should annually submit their records and certifications annually.

The CVAA impacts both game developers, console manufacturers, game distribution and game play networks, and gaming software. But if your business has less than 30 employees, then the company and its products are exempted. At discretion, requirements can be waived for equipment and services that are capable of accessible ACS but are designed primarily for purposes other than using ACS.

There are many fine lines within the CVAA and with how fast technology and game design are changing, like into virtual reality systems, the video game industry should keep their ethical practices and not try to find loopholes. The CVAA was made to make video and communication services more accessible and inclusive. AbleGamers, a foundation dedicated to making gaming more accessible, encourages companies to look into Level Access. Level Access is a leading digital accessibility program consultant and solution provider who has experience working with gaming industry clients. [20]


Timeline

  • In February, 1986, legislative recommendations from the National Council on Disability were issued for Congress to take as equal opportunity law. [18]

  • On July 26, 1990 the Americans with Disabilities Act (ADA) was signed into law. [18]

  • In 1991, regulations for Telecommunications (Title IV) of the ADA were issued by the Federal Communications Commission (FCC). [18]

  • In 1993, Title IV of the ADA was in effect. [18]

  • October 8, 2010, President Obama signed the Twenty-First Century Communications and Video Accessibility Act (CVAA) into law. [1]

  • In October, 2015 the CVAA required the gaming consoles and distribution platforms to be accessible. [17]

  • In January 2017, a waiver requested by the video game industry for the CVAA came into force. [17]

  • On December 31, 2018 the last waiver for the video game industry for the CVAA expired and was not renewed.[19]