ACCESS COMMITTEE REACHES AGREEMENT ON IFE

November 2, 2016

On November 2, 2016, the ACCESS Committee met for a final time to finalize their work on potential regulations mandating accessible in-flight entertainment, the third and final issue that was before the committee.  Note: we reported the status of the other two issues, accessible lavatories and service animals, in last month’s update.  The Committee reached agreement on a draft term sheet that will provide the framework for a future proposed regulation in this area.  Barring a change due to the new administration, which is possible, we expect a Notice of Proposed Rulemaking to be published in mid-2017, with a final rule expected in late 2017 or early 2018. Any regulations promulgated in this area would apply to carriers that fly to, from or within the United States.

The following are the highlights of that draft term sheet:

IFE Hardware/Software:

• Carriers do not have to retrofit existing seatback In Flight Entertainment (IFE) systems to be accessible.
  Any IFE system on a newly delivered aircraft or any newly installed IFE on an existing aircraft must be capable of supporting closed captions in either bitmap format or user-customizable text after the effective date of the final rule.
• Carriers must ensure that new IFE systems support closed captions in user-customizable text. (This requirement applies to aircraft ordered three or more years after the effective date of the final rule and delivered five or more years after the effective date of the rule for single-aisle aircraft, and delivered more than six years after the effective date of the rule for wide body aircraft).
• Carriers must install any software upgrade needed to ensure that any user interface that connects to the Internet on all aircraft is accessible within 120 days of the final rule when upgrading your IFE system or within two years of the final rule on all aircraft.  An accessible user interface is operable by people who are blind or visually impaired.
• If a carrier’s existing IFE does not support closed captioning in either bitmap or user customizable format, carriers must within three years of the effective date of the final rule at your choice either (1) provide carrier supplied Personal Electronic Devices (PEDs) with comparable content ; (2) offer comparable content streamed wirelessly from an onboard serve on passenger supplied PEDs; or (3) offer access to Wi-Fi streaming of entertainment content on the same terms offered to other passengers on passenger-supplied PEDs.  Accessible IFE content must be offered to disabled passengers at the same or lower price than that offered passengers in same class of service.
• Carriers are not required to display closed captions or audio descriptions on overhead screens or distributed video displays.
   

IFE Content:

• Covered content under this future rule includes English-language theatrical movies as well as English and Spanish language television programming (for programs where the spoken language is Spanish) licensed by the content owner that has been produced by a U.S. distributor and displayed via a U.S. broadcast station or paid TV provider (e.g. cable/satellite) on television or provided in theaters in the U.S. with closed captions and/or audio-description.
• Subject to limited exceptions, beginning one year after the effective date of the rule, carriers shall request a closed caption and audio described version of all covered content from their content provider.
  DOT will require carriers to report on an annual basis on its accessible content and DOT will reserve the right to revisit the regulation if there is not a substantial increase in that accessible content.
• Carriers will provide clear information on their accessible IFE options to passengers in advance of travel. 

Cabin Announcements:

The ACCESS Committee did not have the opportunity to debate the issue of accessible cabin announcements; however, DOT will likely address this issue in its future rulemaking as follows: 

• One year after the effective date of the rule carriers that use an audio/video pre-recorded announcement machine (PRAM) to convey pre-recorded cabin announcements via overhead or pre-recorded cabin announcements must include a text equivalent.
• Three years after the effective date of the rule, any pre-recorded announcement machine (not just PRAMs) must be capable of conveying text equivalents.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).

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