The Next Chapter Of Digital Accessibility: FCC Seeks Input On Modernizing Its Rules

Digital accessibility continues to be at the forefront of the Federal Communications Commission’s (“FCC” or “Commission”) agenda. After ordering video conferencing services to begin complying with the Twenty-First Century Communications and Video Accessibility Act (CVAA),¹ the FCC is now looking inward and seeking public feedback on how to modernize its accessibility framework in response to rapid changes in the consumer technology marketplace.

To this end, at a recent event celebrating the anniversary of the CVAA and honoring individual achievements in the accessibility space, FCC Chairman Brendan Carr announced the release of a draft Notice of Proposed Rulemaking (“NPRM”)² to begin eliminating barriers to innovation in accessibility, which the Commission will vote on at its upcoming October 29 Open Meeting.

The wide-ranging draft NPRM seeks comment on whether its existing accessibility rules can keep up with today’s quickly evolving communications marketplace or if elements of the FCC rules and other industry barriers are instead hindering innovation.

Background on the FCC’s accessibility rules 

In implementing the CVAA, the FCC adopted accessibility rules broadly intended to ensure that people with disabilities can access and use advanced communications services and related equipment and networks. Many of these rules are grounded in achieving “performance objectives” to indicate whether the equipment or service is accessible. As opposed to prescribing mandatory technical standards, this outcome-oriented framework is intended to promote flexibility in achieving accessibility.

Key areas of inquiry

The NPRM suggests that the Commission’s current framework presents impediments to the development of new communications technologies and asks what the Commission can do to ensure the rules are “forward-looking” and “reflect the current marketplace.”³

Accordingly, the NPRM focuses on three core areas:

1. Modernizing the rules to meet today’s challenges and emerging technologies.

• The FCC seeks comment on whether its existing framework remains appropriately outcome-oriented and flexible, while still retaining regulatory certainty.
• The FCC seeks comment on whether any rules hinder innovation or delay the deployment of new communications technologies or accessibility functionality, and whether its performance objectives strike the right balance between accessibility, usability, and compatibility without overly burdening innovation.
• It asks whether requiring providers and manufacturers to factor accessibility into the initial design stage creates barriers to market entry.
• The FCC also proposes streamlining rules it considers “duplicative, outdated, superfluous, or unnecessarily burdensome,” including certain provisions related to design, training, recordkeeping, dispute-assistance, and complaint provisions.⁴

2. Identifying marketplace barriers.

• The FCC seeks comment on marketplace dynamics and technical factors that may affect accessibility, such as current restrictions on interoperability across platforms, devices, and services; compatibility with third-party accessibility tools; and accessibility on social media platforms—and even whether such platforms “are aware of their obligations under the CVAA.”⁵
• The NPRM considers the state of accessibility on emerging technologies such as virtual, augmented, and mixed reality, and across multipurpose devices and services.⁶
• The NPRM also asks whether accessibility is considered sufficiently early in product design and whether additional or revised performance objectives are needed for people who use augmentative and alternative communications, and for people with multiple disabilities.⁷

3. Commission actions to remove barriers.

• The FCC seeks comment on specific measures it could adopt:
  • Advancing “One Device” solutions that would allow consumers to use an accessible device for additional communications functions; 
  • Establishing a “One Number” solution for Video Relay Service and IP Relay users;
  • Improving the accessibility of multi-factor authentication while maintaining security protections; 
  • Improving accessible customer service, including through Direct Video Calling for users of American Sign Language;⁸ and
  • Improving accessibility in locked device features and login or security processes.

Next steps

Although the draft has been circulated for tentative consideration, its proposals and issues presented remain subject to change until the FCC’s October 29 vote. Should the Commission adopt the final version of the NPRM, comments will be due 30 days after the NPRM is published in the Federal Register and reply comments will be due 60 days after publication. 

Footnotes

1 Twenty-First Century Communications and Video Accessibility Act of 2010, Pub. L. No. 111-260, 124 Stat. 2751, § 104 (2010).

2 Implementation of Sections 716 and 717 of the Communications Act of 1934, as Enacted by the Twenty-First Century Communications and Video Accessibility Act of 2010 et al., CG Docket Nos. 10-231, 03-123, GN Docket No. 21-140, Draft Notice of Proposed Rulemaking, FCC-CIRC 2610-07 (circulated Oct. 8, 2026) (“NPRM”).

3 NPRM ¶ 1.

4 Id. ¶¶ 22-39.

5 Id. ¶¶ 40-47.

6 See id. ¶¶ 48-56.

7 See id.

8 See id. ¶¶ 56-71.