Background
The Federal Communications Commission (FCC)
has rules requiring telecommunications equipment manufacturers and
service providers to make their products and services accessible
to people with disabilities, if such access is readily achievable.
These rules implement Section 255 of the Communications Act. Where
access is not readily achievable, Section 255 requires
manufacturers and service 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. The FCC
has determined that interconnected Voice over Internet Protocol (VoIP)
providers must comply with Section 255.
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 rules cover interactive
voice response (IVR) systems and voice mail. IVR systems
are phone systems that provide callers with menus of
choices.
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Definitions
Accessible: A product or
service is deemed 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.
Usable: For a product or
service to be usable, people with disabilities must be
able to learn about and operate the product’s or service’s
features effectively. This requirement 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,
repair services, and billing services.
Compatible: The FCC requires
that, where accessibility is not readily achievable, a
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. To achieve
compatibility, the FCC rules require:
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external electronic access to all
information and control mechanisms;
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a connection point for external
audio processing devices;
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the ability to connect with TTYs;
and
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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:
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Where the company conducts market
research, product design, testing, pilot demonstrations,
and product trials, it should include individuals with
disabilities in target groups for such activities.
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Companies should work cooperatively
with disability-related organizations.
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Companies should undertake
reasonable efforts to test access solutions with people
with disabilities.
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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 manufacture. 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
reevaluate 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. In some, but not all, products and services,
incorporating access features may be readily achievable.
In these instances, companies have the flexibility to
distribute access features across product or service
lines, so long as the companies implement all features
that are 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
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 is not obligated 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 FCC’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 telephone network, and includes hardware or
software databases associated with routing
telecommunications services.
Is There a Way for Consumers to
Contact Manufacturers and Service Providers About Access
Concerns?
Although not required to do so,
consumers may first wish to contact a manufacturer or
service provider before filing a complaint with the FCC.
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.
Filing a Complaint with the FCC
The FCC can impose a variety of
penalties on companies that do not comply with Section
255, including proposing fines (against telephone
companies only), cease and desist orders, and in extreme
cases, requiring retrofitting products to make them
accessible to people with disabilities. Therefore, if you
have a problem with access to telecommunications equipment
or services and you are unable to resolve the problem
directly with the equipment or service provider, you can
file a complaint with the FCC. There is no charge for
filing a complaint. You can file your complaint using the
on-line complaint form found at
esupport.fcc.gov/complaints.htm. You can also file
your complaint with the FCC’s Consumer Center by e-mailing
fccinfo@fcc.gov;
calling 1-888-CALL-FCC (1-888-225-5322) voice or
1-888-TELL-FCC (1-888-835-5322) TTY; faxing
1-866-418-0232; or writing to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, D.C. 20554.
What to Include in Your Complaint
The best way to provide all the
information the FCC needs to process your complaint is
to complete fully the on-line complaint form. When you
open the on-line complaint form, you will be asked a
series of questions that will take you to the particular
section of the form that you need to complete. If you do
not use the on-line complaint form, your complaint, at a
minimum, should indicate:
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your name, address, e-mail address,
and phone number where you can be reached;
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whether you are filing a complaint
on behalf of another party, and if so, the party’s name,
address, email address, day time phone number, and your
relationship to the party;
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preferred format or method of
response (letter, fax, voice phone call, email, TRS,
TTY, ASCII text, audio recording, or Braille);
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the name, address, and telephone
number (if known) of the company or companies involved
with your complaint;
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the make and model number of the
equipment if your complaint is about accessibility of
telecommunications equipment; and
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a brief description of your
complaint and the resolution you are seeking, and a full
description of the equipment or service you are
complaining about, including date of purchase, use, or
attempt to use.
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For More Information
For more information
about FCC programs to promote telecommunications services
for people with disabilities, visit the FCC’s Disability
Rights Office Web site at
www.fcc.gov/cgb/dro. For information about other
telecommunications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s Consumer Center
using the information provided for filing a complaint. |
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