Telecommunications access for people with disabilities

This week, the Office of the Attorney General’s “Consumer Caution Corner” outlines the Federal Communications Commission’s guidance on how people with disabilities can access telecommunications services.

FCC rules (under Section 255 of the Communications Act) require telecommunications equipment manufacturers and service providers to make their products and services accessible to people with disabilities, if such access is readily achievable. Where access is not readily achievable, manufacturers and service providers must 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.

Products and services covered under FCC Rules

• home or office hardware/software telephone network and telecommunications equipment. For example: telephones, wireless handsets, fax machines, answering machines, etc.

• basic and special telecommunications services. For example: telephone calls, call waiting, speed dialing, call forwarding, computer-provided directory assistance, call monitoring, caller ID, call tracing, voice mail, etc.

FCC’s Standards: Definitions and Examples

Accessible: A product or service is deemed accessible if it provides consumers with 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 or service’s features effectively.

• For example: this requires providing access to information and documentation for the product or service (e.g., instructions, user guides, support services – technical support, repair services, bill services, etc.).

Compatible: The FCC requires that, where accessibility is not readily achievable, a product or service must be made compatible with peripheral devices or specialized equipment, if compatibility is readily achievable.

Peripheral Devices: are devices that help make telecommunications products and services accessible to individuals with disabilities (e.g., teletypewriters [TTYs], visual signaling devices, and amplifiers).

HOW TO GET HELP?

STEP #1: Contact manufacturers and service providers about access concerns?

Although not required to do so, you may want to contact a manufacturer or service provider before filing a complaint with the FCC. Telecommunications service providers and equipment manufacturers must provide the FCC with the name and contact information of the person (or persons) in their companies who are authorized to resolve accessibility complaints. You can find this contact information on: (i) the FCC’s website at http://apps.fcc.gov/rccci-search/; (ii) by sending an email to dro@fcc.gov; or (iii) by calling 202-418-2517 (voice) or 202-418-2922 (TTY).

STEP #2: File an FCC complaint

Step 2A: Before an informal complaint can be filed, consumers with disabilities (or their representatives) must request assistance from the FCC Disability Rights Office. The Disability Rights Office will work with the consumer and the company for at least 30 days to try to resolve the accessibility problem.

Step 2B: The best way to provide the information that the Disability Rights Office needs to assist you, is to complete the Request for Dispute Assistance (RDA form) online at https://esupport.fcc.gov/ccmsforms/RDAformEnglish. You may also download or print the RDA form at http://transition.fcc.gov/cgb/consumerfacts/FormRDA.pdf. If you use the latter method, complete and submit your downloaded/printed request and any supporting documentation to the Disability Rights Office by email to dro@fcc.gov, by fax to 202-418-0037, or by mail to:

Federal Communications Commission

Consumer and Governmental Affairs Bureau

Disability Rights Office

445 12th Street, SW

Washington, D.C. 20554

Step 2C: If you are unable to obtain or use an RDA form, your request for assistance should include the following: your name, address, telephone number, and email address if communication by telephone or email is not accessible to you, your preferred method of communication the name of the manufacturer or service provider the type of device, model number, and any software involved when you purchased, acquired, or used (or tried to purchase, acquire, or use) the service or equipment when you became aware of the accessibility problem the way the service or equipment is not accessible to or usable by you if you contacted the company about your accessibility problem, how the company responded what you want the company to do to resolve your accessibility problem any other information or documentation you think may help describe or resolve your accessibility problem

After completing Step 2, your Request for Dispute Assistance will be assigned a case number. If your accessibility problem is not resolved in 30 days, you have two choices: (i) you may request an additional 30 days for assistance to try to resolve your accessibility problem; or (ii) you may file an informal complaint about the accessibility problem with the FCC Enforcement Bureau.

Each week, the OAG’s Consumer Protection Education Program shares FTC and/or FCC publications that provide consumers and businesses with the “know-how” to identify and protect themselves from unfair trade practices and marketplace schemes. If you would like to file a Consumer Complaint, please pick up a form at the OAG (on Capital Hill) or request one by email from consumer_counsel@cnmioag.org. After completing the consumer complaint, please submit it by email or in-person.

We cannot act as your private attorney. If you need legal assistance, we will recommend that you contact a private attorney or legal aid organization. We cannot give legal advice or act as your private attorney. (Michael J. Cyganek, Special to the Saipan Tribune)