Federal Communications Commission
455 12th Street, S.W.
Washington, D.C.  20554

July 14, 1999 

FCC ACTION ON TELECOMMUNICATIONS SERVICES AND PRODUCTS TO PROMOTE INDEPENDENCE 
IN THE NEW MILLENNIUM 

Summary of the FCC Rules and Policies Implementing Section 255 of the 
Telecommunications Act of 1996 and Section 251(a)(2) of the Communications Act 
of 1934 

Adopted rules based upon the Access Board guidelines, with a few exceptions.  

Required manufacturers and service providers to ensure that telecommunications 
products and services are accessible to people with disabilities, if readily 
available.  Manufacturers and service providers must develop a process to 
evaluate the accessibility, usability, and compatibility of the covered 
services and equipment, and incorporate such an evaluation throughout the 
product design, as early and as consistently as possible. 

Required manufacturers and service providers to ensure that the information 
and documentation it provides to its customers is accessible to customers with 
disabilities, if readily achievable. 

Adopted the ADA definition of disability in its entirety in our rules. 

Adopted a definition of accessibility, based on the Access Board definition 
that  incorporates the list of ways in which the functions of a product should 
be made accessible. 

Adopted criteria for determining compatibility. 

Consistent with the ADA, defined readily achievable as easily accomplishable 
and able to be carried out without much difficulty or expense.  Determinations 
as to what is readily achievable will be made on a case-by-case basis 
considering factors which include (1) the cost of the action; (2) the nature 
of the action; and (3) the overall resources available to the entity. 

Determined that Section 255, by its terms, applies to the design and 
production of each individual product and service offered by a manufacturer or 
service provider.  A manufacturer's or service provider's obligation to review 
the accessibility of a product or service, and incorporate accessibility 
features where readily achievable must occur at every natural opportunity. 

Required modest accessibility features that can be incorporated into the 
product design with very little or no difficulty or expense to be universally 
deployed.  For those features or actions that cannot be universally deployed, 
but are readily achievable to incorporate into some products and services, 
manufacturers and service providers must distribute those features across 
their products or service in a manner that will maximize accessibility. 

Determined that, pursuant to Section 251(a)(2), a telecommunications carrier 
may not install network features, functions, or capabilities that do not 
comply with accessibility requirements rules. 

Determined that telecommunications equipment and customer premises equipment 
include software integral to the equipment's telecommunications operation. 

Determined  that accessibility requirements of this Order extend to the 
providers of voicemail and interactive menu and the manufacturers of 
telecommunications equipment and CPE which performs those functions. 

Adopted an informal complaint procedure where complaints are forwarded to the 
manufacturers or service providers who have 30 days to attempt to resolve the 
customer's concerns and respond to the FCC.  The FCC may, based on complaints 
or its own motion, launch an investigation to determine if manufacturer or 
service providers are complying with the rules. 

Consumers are not required to contact the manufacturer and service provider 
before filing a complaint. 

Required service providers and manufacturers to establish a contact for 
handling accessibility-related complaints. 

Did not adopt a standing requirement. 

-FCC-