Report No. WT 98-10 WIRELESS TELECOMMUNICATIONS ACTION April 2, 1998 FCC PROPOSES RULES TO PROMOTE ACCESS TO TELECOMMUNICATIONS SERVICES AND EQUIPMENT TO AMERICANS WITH DISABILITIES (WT Docket No. 96-198) Today the Commission adopted a Notice of Proposed Rulemaking ("NPRM") to implement Section 255 of the Telecommunications Act of 1996 ("the Act"). Section 255 represents the most significant governmental action for people with disabilities since the passage of the Americans With Disabilities Act of 1990 ("ADA"). It is one of the key provisions of the Act promoting the goal of universal access and seeks to increase the accessibility of telecommunications services and equipment to the 54 million Americans with disabilities. In Section 255, Congress set forth a broad but practical mandate: telecommunications service providers and equipment manufacturers must make their services and equipment accessible to people with disabilities, to the extent that it is readily achievable to do so. Congress gave responsibilities both to the Commission and the Architectural and Transportation Barrier Compliance Board ("Access Board"), an independent federal agency whose primary mission is promoting accessibility for persons with disabilities. The Access Board, in conjunction with the Commission, was responsible for developing guidelines for equipment accessibility. The Commission is responsible for the overall implementation and enforcement of access requirements for both telecommunications services and equipment. The NPRM proposes to adopt key substantive requirements of the Access Board's guidelines, which were released in February 1998. It also draws extensively from comments the Commission received in response to its Notice of Inquiry, issued in September 1996. Under the rules proposed today, companies will be given a great deal of flexibility concerning how they carry out the mandate. They are responsible for ensuring that their products are accessible to persons with the full range of disabilities recognized under the ADA, to the extent that it is readily achievable to do so, but the Commission does not propose to prescribe detailed implementation rules that companies must follow. For companies who need guidance on how to make their products accessible, the Commission does propose processes that it would expect companies to undertake to meet their obligations under Section 255. Under the proposal, companies would be expected to have processes in place that ensure the consideration of accessibility issues at the beginning of the design and development process and on an ongoing basis. These would be internal processes as well as outreach efforts to disabilities groups. Companies would assess whether it is readily achievable to make their products accessible to the full range of disabilities, and if not, why not. The Commission proposes to adopt the ADA definition of readily achievable, which is "easily accomplishable and able to be carried out without much difficulty or expense." The Commission also proposes to analyze whether a particular telecommunications accessibility feature is "readily achievable" based on feasibility, expense, and practicality. The Commission believes that by having incentives in place for companies to consider accessibility issues early and on an ongoing basis, it can significantly reduce the number of complaints that it will receive. Furthermore, the Commission will encourage any consumer who has not contacted the company in an attempt to resolve a problem to do so before filing a complaint with the FCC. The NPRM proposes adoption of a "fast track" process for Section 255 complaints. The Commission believes that the fast-track approach will resolve many accessibility problems informally, providing consumers rapid relief and enabling manufacturers and service providers to apply their resources to solving access problems rather than subjecting them to burdensome procedural requirements. The Commission proposes that more traditional enforcement processes will be used in cases where companies do not comply with Section 255. Once the NPRM is released, it will be available on the FCC's Internet home page at http://www.fcc.gov/e-file/. It can also be accessed through the FCC's Disabilities Issues Task Force web site at http://www.fcc.gov/dtf. Once the NPRM is released, if you are interested in getting it in an alternative format, please contact the FCC's Office of Public Affairs, Public Service Division at (202) 418-0260, TTY (202) 418-2555, or e-mail at psd@fcc.gov. To file electronic comments in this proceeding, you may use the electronic filing interface available on the FCC's World Wide Web site at http://dettifoss.fcc.gov:8080/cgi-bin/ws.exe/beta/ecfs/upload.hts. Further information on the process of submitting comments electronically is available at that location and at http://www.fcc.gov/e-file/. Action by the Commission, April 2, 1998, by Notice of Proposed Rulemaking (FCC 98-55). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and Tristani with Chairman Kennard, Commissioners Furchtgott-Roth, Powell and Tristani issuing separate statements. . -FCC- News Media contact: Meribeth McCarrick at 202-418-0654, TTY at (202) 418-7233 or e-mail at mmccarri@fcc.gov Wireless Telecommunications Bureau contacts: Elizabeth Lyle at (202) 418-0600 or e-mail at elyle@fcc.gov and John Spencer at (202) 418-1310 or e-mail at jspencer@fcc.gov; TTY for both at (202) 418-7233 Public Service Division Contact: Martha Contee at (202) 418-0260, TTY at (202) 418-2555 or e-mail at psd@fcc.gov