LAWS & ACCESSIBILITY Part 2. Telecommunications & Electronic & Information Technology Support for this work cam from NSF grant DUE for the development of accessible design curriculum material. (Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of the National Science Foundation.) © Robert Erlandson, 2003 College of Engineering, Wayne State University

SECTION 255 TELECOMMUNICATIONS ACCESS FOR PEOPLE WITH DISABILITIES The Federal Communications Commission (FCC) has rules requiring telecommunications manufacturers and service providers to make their products and services accessible to people with disabilities, if readily achievable. These rules implement Section 255 of the Communications Act. Where it is not readily achievable to provide access, Section 255 requires manufacturers and 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’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 new rules cover interactive voice response (IVR) systems and voice mail. IVR systems are phone systems that provide callers with menus of choices

1. Accessible A product or service is 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. Definition

2. Usable The requirement for a product or service to be usable by people with disabilities covers the ability of people with disabilities to learn about and operate an item’s features effectively. This 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, access to repair services, and billing services.

Definition 3. Compatible The FCC’s rules explain that where it is not readily achievable to make a particular product or service accessible, that product or service must be made compatible with peripheral devices or specialized customer premises equipment (SCPE), if compatibility is readily achievable. Braille Speakerphone Text Telephone (TTY)

The rules contain the following requirements to achieve compatibility: External electronic access to all information and control mechanisms A connection point for external audio processing device The ability to connect with TTYs The ability to use TTY signals

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. Examples are direct-connect TTYs (TTYs that connect directly to the telephone network) are considered to be SCPE.

Images from: Text Telephone Non-Printing TTY Printing TTY Computer TTY / Software Examples of Peripheral Devices

The Telecommunications Act of 1996, Section 255 This law requires the use of AD principles in the design of products and services and the inclusion of people with disabilities on product development activities, such as inclusion in focus groups and product trials.

Companies should engage in a number of activities to identify barriers to accessibility and usability. For example: Where the company conducts market research, product design, testing, pilot demonstrations and product trials, it should include individuals with disabilities in target populations of such activities. Companies should work cooperatively with disability-related organizations. Companies should undertake reasonable efforts to have people with disabilities test access solutions. Identifying Access Needs

Section 255 of the Telecommunications Act of 1996 Section Product Design, Development and Evaluation “This section requires manufacturers to evaluate the accessibility, usability, and compatibility of telecommunications equipment and customer premises equipment and incorporate such evaluation throughout product design, development, and fabrication, as early and consistently as possible.”

Section 255 of the Telecommunications Act of 1996 Section Product Design, Development and Evaluation “Manufacturers must develop a process to ensure that Products are designed, developed and fabricated to be accessible whenever it is readily achievable. Since what is readily achievable will vary according to the stage of development (i.e., some things will be readily achievable in the design phase which may not be in later phases), barriers to accessibility and usability must be identified throughout product design and development, from conceptualization to production.”

Section Product Design, Development and Evaluation “Moreover, usability can be seriously affected even after production, if information is not provided in an effective manner.” Section 255 of the Telecommunications Act of

Accessibility requirements for Federal departments and agencies that use electronic and information technology. Section 508 of The Workforce Investment Act of 1998

“Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that the electronic and information technology allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.” Section 508 of The Workforce Investment Act of 1998

“Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.” Section 508 of The Workforce Investment Act of

Section 508 defines Electronic and Information Technology (E&IT) as electronic technology that is used in carrying out information activities, involving any form of information. It is understood that E&IT addresses a broader spectrum than Information Technology alone, and includes the full breadth of the information environment of the future.

As specified, information activities include, but are not limited to, “the creation, translation, duplication, serving, acquisition, manipulation, storage, management, movement, control, display, switching, interchange, transmission, or reception of data or information.” [p11 (Committee, Final Regulations 1999)]. Documentation associated with these services and products, such as user manuals, must also be accessible. Section 508 of The Workforce Investment Act of 1998

“Subpart B -- Technical Standards Software applications and operating systems Web-based intranet and internet information and applications Telecommunications products Video and multimedia products Self contained, closed products Desktop and portable computers. Subpart C -- Functional Performance Criteria Functional performance criteria. Subpart D -- Information, Documentation, and Support Information, documentation, and support.” Section 508 of The Workforce Investment Act of 1998

§ Telecommunications products. (a)Telecommunications products or systems which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. Microphones shall be capable of being turned on and off to allow the user to intermix speech with TTY use. (b) Telecommunications products which include voice communication functionality shall support all commonly used cross-manufacturer non-proprietary standard TTY signal protocols. (c) Voice mail, auto-attendant, and interactive voice response telecommunications systems shall be usable by TTY users with their TTYs.

(d) Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems that require a response from a user within a time interval, shall give an alert when the time interval is about to run out, and shall provide sufficient time for the user to indicate more time is required. (e) Where provided, caller identification and similar telecommunications functions shall also be available for users of TTYs, and for users who cannot see displays. (f) For transmitted voice signals, telecommunications products shall provide a gain adjustable up to a minimum of 20 dB. For incremental volume control, at least one intermediate step of 12 dB of gain shall be provided.

(g) If the telecommunications product allows a user to adjust the receive volume, a function shall be provided to automatically reset the volume to the default level after every use. (h) Where a telecommunications product delivers output by an audio transducer which is normally held up to the ear, a means for effective magnetic wireless coupling to hearing technologies shall be provided. (i) Interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) shall be reduced to the lowest possible level that allows a user of hearing technologies to utilize the telecommunications product.

(j) Products that transmit or conduct information or communication, shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide the information or communication in a usable format. Technologies which use encoding, signal compression, format transformation, or similar techniques shall not remove information needed for access or shall restore it upon delivery.

(k) Products which have mechanically operated controls or keys, shall comply with the following: (1)Controls and keys shall be tactilely discernible without activating the controls or keys. (2) Controls and keys shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls and keys shall be 5 lbs. (22.2 N) maximum. (3) If key repeat is supported, the delay before repeat shall be adjustable to at least 2 seconds. Key repeat rate shall be adjustable to 2 seconds per character. (4) The status of all locking or toggle controls or keys shall be visually discernible, and discernible either through touch or sound.

Subpart C -- Functional Performance Criteria § Functional performance criteria. (a)At least one mode of operation and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided. (b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.

Subpart C -- Functional Performance Criteria § Functional performance criteria. (c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided. (d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.

Subpart C -- Functional Performance Criteria § Functional performance criteria. (e) At least one mode of operation and information retrieval that does not require user speech shall be provided, or support for assistive technology used by people with disabilities shall be provided. (f) At least one mode of operation and information retrieval that does not require fine motor control or simultaneous actions and that is operable with limited reach and strength shall be provided.

Subpart D -- Information, Documentation, and Support § Information, documentation, and support. (a)Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge. (b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge. (c) Support services for products shall accommodate the communication needs of end-users with disabilities.