Telecommunications Access Laws

by Cheryl Heppner

Editor: Here's another of Cheryl Heppner's reports from the 2003 SHHH convention. The "real" title of this workshop is "Key Laws That Impact Telecommunications Access for People with Hearing Loss: The Basics You Need to Know", but I took the liberty of shortening it to fit on one line. The presenter was Brenda Battat, M.S. This report discusses Section 508 of the Rehabilitation Act, Section 255 of the Telecommunications Act of 1996, the Hearing Aid Compatibility Act, the Telecommunications Enhancement Act of 1988, the Telecommunications for the Disabled Act of 1982, and the Americans with Disabilities Act of 1990.

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Brenda Battat is Director of Public Policy and State Development for SHHH. It's easy to see why she was chosen by her peers to receive its advocacy award in 2002. She brings such insight and enthusiasm to her presentations, and she has a fine way of making complex things understandable. For this workshop, she had the formidable task of trying to give an overview of numerous laws that impact telecommunications access, which agency is responsible for their oversight, what issues surround their implementation, and how to file a complaint when the laws are not followed. From my notes and Brenda's Power Point presentation:

Section 508 of the Rehabilitation Act

- Applies if you come to a federal agency for help as a customer, not just if you work for it as an employee.
- Drives the design of mainstream equipment purchased for use in the federal workplace.
- The key requirement is that all procured items and services covered under this act be accessible starting June 25, 2001.
- The federal government is to serve as a model for accessibility.
- All federal departments and agencies, including the U.S. Postal Service, must comply with the accessibility requirements when procuring, developing, using or maintaining electronic and information technology.
- The only exception to this law is if it can be shown that doing so causes an undue burden, which means it is a significant expense or will cause great difficulty.
- Of the law's more than 60 provisions, 17 address things of interest to people with hearing loss. These include telephones, televisions, videotapes, CDs and DVDs, multimedia websites, interactive voice response systems, and information kiosks.
- Complaints for non-compliance should be filed by the employee with the disability directly with the federal department or agency. The complainant may file a civil action and is entitled to injunctive relief and attorney fees but not punitive damages.
- Compliance for this law is now being handled by the Department of Justice, which is trying to resolve problems internally. For this reason, it is not clear what monetary penalties might be if problems are not resolved.
- Our disability civil rights laws such as Section 504 of the Rehabilitation Act (passed in 1973) and the Americans with Disabilities Act (passed in 1990) have a history of slow implementation and compliance.
- There's an incentive for compliance with this law. Each agency has a 508 Coordinator. Information about agency compliance is reported to the U.S. attorney general and a status report is sent to the President. Currently there is a Federal Information Accessibility Initiative in which 20 departments and agencies are working together to be sure Section 508 gets implemented. Consumers using the complaint process will do a lot to speed compliance.
- The focus of this law is on the specifics of the technology, not the needs of the individual.
- It doesn't require that a federal employer provide an employee with a specific piece of equipment; that is covered under Title I of the ADA.
- One of the best things about this law is that employees are not required to disclose their disability. The federal government is expected to provide these things. Accessible workplaces are to be created through accessible equipment design. This removes a significant barrier to employment of people with disabilities.
- Some of the solutions to accessible equipment haven't been developed yet.
- Are federal agencies and departments accessible now? No, but they are working toward it.
- Section 508 resources can be found at:
www.access-board.gov/508.htm
http://section508.gov
www.ittat.org
www.opm.gov/disability/

Section 255 of the Telecommunications Act of 1996

- This law requires that telecommunications products and services be accessible to and usable by individuals with disabilities IF readily achievable. The "if" makes this a weak standard. Readily achievable means that it can be done without a lot of difficulty or expense.
- If the product or service isn't readily achievable, it must be compatible with existing peripheral devices used by people with disabilities.
- A broad range of products and services is covered -- wired telephones, mobile phones, pagers, call waiting, and operator services are among those that must be accessible.
- The FCC called this law the most significant opportunity for people with disabilities since the ADA was passed. It was passed in a broad piece of legislation that was designed to encourage competition.
- Among the general requirements: access should be incorporated in the design stage as early as possible, and it should apply to the design and production of each product as well as information, documentation and training about how to use it. This means it should be available in alternative formats for people with vision impairments and that contact information should include ways to make contact by TTY and Internet.
- Interactive voice response equipment is covered and an IVR Forum has been meeting with representatives from consumer organizations and the industry. Among the things IVR should have is the ability to press 0 to reach a person and the ability to slow speed on replaying messages.
- Requirements that are relevant to people with hearing loss:
1. Auditory information should be enhanced through increased amplification and signal-to-noise ratio, with a volume control boost of 20 dB.
2. Equipment should not interfere with hearing aids and cochlear implants, wireless inductive coupling to hearing aids, and IVR systems.
3. There should be TTY connectability and signal compatibility.
- The U.S. Access Board issued equipment guidelines in 1998. The Federal Communications Commission has jurisdiction in any enforcement. Informal complaints can be made, and the company is given 30 days to resolve them. Formal complaints can be made as outlined in Section 1.720-1.736 of the FCC rules. Each company is to have a Section 255 contact person, and that person should be listed on the company's website and in its publications. If you go to buy a phone and can't use it, or your TTY messages are garbled by the phone, you can file a complaint.
- There is no monetary penalty for not complying. To date, only one formal complaint has been filed, and it was filed by a blind individual. Very few informal complaints have been made by people with hearing loss, although it's common for them to have difficulties using these products and services, and many are not made available. What happens a lot of the time when you complain that a product doesn't work is that they tell you they have another one you can use. These companies were never asked to demonstrate why the first product was not accessible. You need to be firm and say "no, this is what I want."
- To file a complaint:
http://www.fcc.gov/cgb/complaints/html
fccinfo@fcc.gov
1-888-CALL-FCC (V) or 1-888-TELL-FCC (TTY)

Hearing Aid Compatibility Act

- This law passed in 1998 requires the Federal Communications Commission to "establish such regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing."
- It was meant to provide a greater degree of assurance that hearing aid users would have access to hearing aid compatible telephones.
- A phone is hearing aid compatible if it provides internal means to be used with hearing aids equipped with a telecoil. The FCC's technical standard for hearing aid compatibility can be found at 47 C.R.R. Sec. 68.316.
- Wired telephones manufactured after August 16, 1989 and cordless phones after 1991 must be hearing aid compatible. Beginning April 1, 1997, they were to be stamped with "HAC."
- Wireless telephones are exempt (but that will change after the FCC announcement since this presentation)
- A volume control requirement was added later. All telephones, including cordless phones, must include volume controls with a minimum of 12 dB of gain and maximum of 18 dB of gain since November 1, 1998. The 18 dB of gain may be exceeded if automatic reset conditions are met.
- Closed circuit telephones must be hearing aid compatible and have volume controls when they are replaced.
- Hospitals, residential health care facilities for senior citizens and convalescent homes must have hearing aid compatible telephones. Phones owned by residents are exempt. When there is an alternative means of signaling in an emergency, there is also an exemption.
- In January 2005, all workplace telephones other than those in common areas must be hearing aid compatible. Headsets are exempt unless they are acquired specifically for an employee with a hearing loss.
- After January 1, 2005, it is presumed that all phones in the workplace are hearing aid compatible. If not, employers have up to 15 days to get a compatible phone after it is requested.
- All coin operated and credit card operated telephones must be hearing aid compatible.
- All emergency telephones, where people may be isolated -- such as elevators, tunnels, highways, and workplace common areas -- must be hearing aid compatible.
- Hotels must phase hearing aid compatible phones into their guest rooms, and 100% must be outfitted by January 1, 2004.

Telecommunications Enhancement Act of 1988

- The General Services Administration, in consultation with the U.S. Access Board and the Federal Communications Commission, was directed to issue regulations needed "to assure that the Federal telecommunications system is fully accessible to hearing-impaired and speech-impaired individuals...for communications with and within Federal agencies."
- This Act led to the creation of the Federal Relay Service and a federal TTY directory, a standard logo for TTY, research for an interstate relay system, and TTYs in Congressional offices.

Telecommunications for the Disabled Act of 1982

This Act said that the Federal Communications Commission has a general obligation to "establish such regulations as are necessary to ensure reasonable access to telephone service by persons with impaired hearing."

Americans with Disabilities Act of 1990

*Title I: Workplace
- Qualified individuals with a disability must be given reasonable accommodation.
- Accommodations can include things like volume control or hearing aid compatible phone, TTY, voice carry over phone.
- An employee must identify that he or she has a disability and make a request for the needed accommodation.

*Title II: State and Local Governments
- This section says that state and local governments must ensure that communication with job applicants and participants in their
programs who are hard of hearing or deaf is effective.
- Included is coverage of 911 services.
- State and local government services that must be accessible include courts, prisons, libraries, school systems, social service agencies, and motor vehicle departments

*Title III: Places of Accommodation
- This section applies to hotels, businesses, educational facilities, theaters, convention centers, museums, parks, zoos, health spas, etc. Exempt are private clubs and religious organizations.
- These places must ensure effective communication.
- Relay services are allowed for general contact, TTYs are to be provided for outgoing calls in hotels and hospitals.
- Hearing aid compatibility and volume control must be available on security entry phones.
- In new construction and alterations to a building, there are requirements for provision of accessible telecommunications.
- - Malls, stadiums and convention centers must have one public pay TTY.
- - In a bank of 4 public pay telephones, one must have a TTY.
- - At least one hearing aid compatible pay telephone must be provided on each floor.
- This section is currently under revision and new guidelines will be coming.
- New construction in hotels requires that volume control telephones be installed.
- Outlets for TTYs must also be located near hotel room telephones.

*Title IV: Telecommunications Relay Services
- Telephone companies were required to provide local and long distance telecommunications relay services.
- The FCC has issued minimum guidelines that must be met; these have undergone some revision.
- Relay services are required to be "functionally equivalent" to conventional telephone service.
- Among the types of relay service now available are "traditional relay" (TTY to voice and vice versa), voice carry over/two-line voice carry over, Internet Protocol (IP) relay with two-line voice carry over, Spanish language relay, speech-to-speech, video relay service. CapTel, a "captioned" relay, is in trials.