WASHINGTON-The Federal Communications Commission is expected to issue rules next month on what telecommunications carriers and manufacturers must do to comply with provisions of the Telecommunications Act of 1996 dealing with disabilities access.
The rules are expected to cover a wide range of issues, including the complaint process and the interpretation of the term “readily achievable.”
The telecom act requires telecommunications manufacturers and carriers to make equipment and services accessible to persons with disabilities, with the caveat that doing so is readily achievable.
It is unclear when the rules would be effective. The industry would prefer a grace period where it could have time to prepare products to be in compliance. Others argue the rules were part of the 1996 telecom act and so the industry has had more than three years to make its products accessible to the disabled.
The rules could prove to be controversial if the FCC goes through with a proposal to include voice mail as a covered service. The FCC would need to use its ancillary jurisdiction to bring such offerings under the disabilities-access umbrella, according to the industry. Voice mail traditionally has been considered an information service-a separate and distinct category from telecom services or equipment.
“Congress has chosen to limit [the telecom act] to cover telecommunications services, telecommunications equipment and customer premises equipment,” reads a talking points paper presented by industry representatives to key FCC staffers earlier this month.
Another big issue is the complaint process. The Telecommunications Industry Association wants explicit language stating complaints for noncompliance of this portion of the telecom act will be handled like other complaints, making a strong distinction between formal and informal complaints. There needs to “truly be a difference between the informal and formal complaint process. We are concerned about the FCC intervening,” said Grant Seiffert, TIA vice president for government relations.
The difference between formal and informal complaints became muddied recently when the FCC equated complaints with contacts in the slamming context. The FCC agrees there may have been some confusion, but says its goal is for manufacturers to help consumers solve problems.
“We are expecting that the early complaints will be between requests and formal complaints. We have two jobs here: make customers happy and enforce the law,” said one FCC official.
The battle over “readily achievable” appears to have come down to a few key issues, including whether the definition will be broad and flexible enough to keep up with changes in the marketplace; whether manufacturers can implement a product-line approach; and what, if any, cost-recovery mechanisms will be available.
