Telecommunications Access for People with Disabilities
Background
The Federal Communications Commission (FCC) has rules
requiring telecommunications manufacturers and service providers to make their
products and services accessible to people with disabilities, if readily
achievable. These rules implement Section 255 of the Communications Act. Where
it is not readily achievable to provide access, Section 255 requires
manufacturers and providers to make their devices and services compatible with
peripheral devices and specialized customer premises equipment that are commonly
used by people with disabilities, if such compatibility is readily
achievable.
Products and Services Covered
Under Section 255
The FCC’s rules cover all hardware and software telephone
network equipment and customer premises equipment (CPE). CPE is
telecommunications equipment used in the home or office (or other premises) to
originate, route, or terminate telecommunications. Examples of CPE are
telephones, fax machines, answering machines, and pagers. CPE that provides both
telecommunications and non-telecommunications functions is covered only to the
extent it provides telecommunications functions.
The FCC’s rules cover basic and special telecommunications
services, including regular telephone calls, call waiting, speed dialing, call
forwarding, computer-provided directory assistance, call monitoring, caller
identification, call tracing, and repeat dialing. In addition, the new rules
cover interactive voice response (IVR) systems and voice mail. IVR systems are
phone systems that provide callers with menus of choices.
Definitions
1. Accessible
A product or service is accessible if
it provides accessible input, control, and mechanical functions, as well as
accessible output, display and control functions. For example, a pager that has
both audio and visual controls for inputting information, as well as both audio
and visual methods for retrieving messages, would be accessible to a person who
is blind or deaf.
2. Usable
The requirement for a product or service
to be usable by people with disabilities covers the ability of people with
disabilities to learn about and operate an item’s features effectively. This
includes providing access to information and documentation for the product or
service, including instructions and user guides. In addition, companies must
provide functionally equivalent access to support services, such as technical
support hotlines and databases, call centers, service centers, access to repair
services, and billing services.
3. Compatible
The FCC’s rules explain that where it
is not readily achievable to make a particular product or service accessible,
that product or service must be made compatible with peripheral devices or
specialized customer premises equipment (SCPE), if compatibility is readily
achievable. Peripheral devices are devices that help make telecommunications
products and services accessible to individuals with disabilities. Examples are
TTYs, visual signaling devices, and amplifiers. SCPE includes equipment,
commonly used at the premises of a person with a disability, to achieve access
in the origination, routing, or termination of calls and other
telecommunications contacts. Direct-connect TTYs (TTYs that connect directly to
the telephone network) are considered to be SCPE. Assistive technology devices,
such as hearing aids or eyeglasses, that have a broad application outside the
telecommunications context are not themselves peripheral equipment or SCPE even
if they are used in conjunction with peripheral equipment or SCPE. The rules
contain the following requirements to achieve compatibility:
-
External electronic access to all information and control
mechanisms;
-
A connection point for external audio processing devices;
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The ability to connect with TTYs; and
-
The ability to use TTY signals.
Identifying Access
Needs
Companies should engage in a number of activities to identify
barriers to accessibility and usability. For example:
-
Where the company conducts market research, product design,
testing, pilot demonstrations and product trials, it should include individuals
with disabilities in target populations of such activities;
FREQUENTLY ASKED QUESTIONS
When Must Manufacturers and
Service Providers Evaluate Access Needs?
Manufacturers and service providers must evaluate the
accessibility, usability and compatibility of their equipment and services as
early and consistently as possible throughout their design, development, and
fabrication processes. In addition, companies must review their products for
accessibility at every "natural opportunity," including when they re-design
products, upgrade services, or significantly change the way they group together
product and service packages. Cosmetic changes that do not change the product’s
actual design, such as changes in the color, make, model name or designation of
a product, may not trigger the need to re-evaluate access.
Do Companies Need to Review All of
Their Products and Services for Accessibility and Usability?
Features that can be incorporated into the design of products
or services with very little or no difficulty or expense must be put in each and
every product. It may, in some instances, be readily achievable to incorporate
some access features into some products and services, but not in all. In these
instances, companies have the flexibility to distribute those features across
product or service lines, so long as they do all that is readily achievable.
How Will the FCC Determine
Which Actions are Readily Achievable?
The "readily achievable" standard requires companies to
incorporate access features that are easily accomplishable without much
difficulty or expense. In determining what is readily achievable, companies must
balance the costs and nature of the access required with their available
resources. Companies that have great resources will need to do more to achieve
access than will companies with smaller budgets. The FCC will make readily
achievable determinations on a case-by-case basis. A company may not need to
provide access when the access feature would so fundamentally alter the product
that it would substantially reduce the functionality of the product, make some
features unusable, substantially impede or deter use of the product by other
individuals, or substantially and materially alter the shape, size or weight of
the product. Similarly, a company does not have to incorporate an access feature
that is not technically possible. Companies wishing to use these defenses,
however, must provide evidence to back up their positions.
Is Network Architecture
Covered by the FCC's Section 255 Rules?
In addition to covering equipment and services, the
Commission’s rules require network architecture to be designed in a way that
does not hinder access by people with disabilities. Network architecture covers
the public switched network, and includes hardware or software databases
associated with routing telecommunications services in our nation.
How Can Consumers File a
Section 255 Complaint with the FCC?
Although Section 255 does not permit consumers to file
Section 255 complaints in the federal courts, consumers may file informal or
formal Section 255 complaints with the FCC. You may send the complaint to the
FCC, Consumer and Governmental Affairs Bureau, 445 12th Street, SW, Washington,
DC 20554. In addition to sending a letter, informal complaints may be given to
the FCC by any reasonable means, including fax 202-418-0232; phone
1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY;
e-mail fccinfo@fcc.gov; the Internet www.fcc.gov/cgb/complaints.html.
Although there is no time limit for filing complaints, consumers should try to
file shortly after they discover the access problem. Informal complaints should
include the following information:
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Name and address of the person complaining;
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Name and address of the manufacturer or service provider;
-
Details about the equipment or service about which the
complaint is made;
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Date the equipment or service was purchased, acquired or
used, or the complainant attempted to purchase, acquire, or use the item;
-
Statement of facts supporting the allegation that the item is
not accessible;
-
The specific relief requested; and
-
The complainant’s preferred method of response (from the
company) - e.g., letter, fax,
TTY, Braille, etc.
If a consumer wishes to file a formal complaint, he or she
must (1) certify that a good faith effort has been made to work out the problem
with the company and (2) submit detailed, factual, and legal documents in
support of his or her position.
The FCC has the authority to impose a variety of penalties
against companies that do not comply with Section 255, including damages
(against common carriers only), license revocations, cease and desist orders,
and retrofitting in extreme cases. A company required to retrofit a product
would need to go back and make the product accessible to people with
disabilities.
Is There a Way for Consumers to
Contact Manufacturers and Service Providers about Access
Concerns?
Although not required to do so, consumers may wish to first
contact a manufacturer or service provider before bringing a complaint to the
FCC. Under the FCC’s rules, manufacturers and service providers have provided
the FCC with contact information for the individuals and offices within their
companies that are responsible for handling accessibility concerns and
grievances. Consumers can find this contact information on the FCC’s Disability
Rights Office Web site at www.fcc.gov/cgb/dro/section255.html.
For further information about Section 255 or other disability
issues, please visit the FCC’s Consumer & Governmental Affairs Bureau at http://www.fcc.gov/cgb/.
This information is provided by the Federal Communications Commission.
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