The Telecommunications Act of 1996 (Section 255)
The Telecommunications Act of 1996, a comprehensive law overhauling the telecommunications industry regulations, recognizes the importance of access to telecommunications for people with disabilities in the Information Age.
Section 255 of the Act requires telecommunications products and services to be accessible to people with disabilities. This is required to the extent that access is "readily achievable," meaning easily accomplishable, without much difficulty or expense.
If manufacturers cannot make their products accessible, then they must design products to be compatible with adaptive equipment used by people with disabilities where readily achievable. The definition of "readily achievable" will be different for each manufacturer based on the costs of making products accessible or compatible depending on their resources.
Guidelines and Enforcement
Manufacturers must ensure that products are "designed, developed, and fabricated to be accessible to and usable by individuals with disabilities" when it is readily achievable to do so.
The Access Board was given the job of developing guidelines that spell out what makes telecommunications products accessible. The Board´s final guidelines, published in February 1998, were developed with help from an advisory committee the Board created for this purpose.
The Telecommunications Access Advisory Committee included product manufacturers, service providers, disability groups, and experts in communication access. The final guidelines are based on this committee´s recommendations. The Federal Communications Commission is responsible for rules and policies to enforce the law.
What´s Covered
Telecommunications products covered include:
- Wired and wireless telecommunication devices, such as telephones (including pay phones and cellular phones), pagers, and fax machines.
- Other products that have a telecommunication service capability, such as computers with modems.
- Equipment that carriers use to provide services, such as a phone company's switching equipment.
The possible functions of a product are key in determining coverage. If a product can provide telecommunication services, then that portion is covered. For example, televisions generally are not covered by section 255, except where a set-top-box enables e-mail communication or Internet access, and then only that device is covered.
Section 255´s Likely Effect
Because section 255 applies only to products designed, developed, and fabricated after the law took effect on February 8, 1996, and does not require changes to existing products, its overall impact likely will not be immediate. It certainly stands to improve access and the number and range of accessible products.
Still, not every new product or service will be accessible to all persons with disabilities. Manufacturers and service providers, however, are finding that as they make products easier to use by people with disabilities, they often make them easier to use by everyone; some access features, such as vibrating alerts on pagers and talking caller ID, have benefits for all users.
