Reminder: FCC Accessibility Recordkeeping and Contact Information Reporting Requirements due April 1, 2024; Video Conferencing Services Must be Accessible and Usable by September 3, 2024
On February 26, 2024, the Federal Communications Commission (“FCC” or “the Commission”) released a Public Notice reminding telecommunications and customer premises equipment manufacturers and telecommunications service providers, as well as providers of advanced communication services (ACS) and manufacturers of equipment used to access ACS, to submit their accessibility recordkeeping compliance certifications and contact information in the FCC’s “Recordkeeping Compliance Certification and Contact Information Registry” (RCCCI Registry) no later than April 1, 2024.
Telecommunications service providers, along with providers offering advanced communication services (ACS) such as electronic messaging (including chat features built into websites, desktop software, and mobile apps), in-app voice calls, and video conferencing, as well as both interconnected and non-interconnected Voice over Internet Protocol (VoIP) providers, and equipment manufacturers, are obligated to adhere to recordkeeping obligations implementing their compliance with sections 255, 716, and 718 of the Communications Act, as updated by the Twenty-First Century Communications and Video Accessibility Act (CVAA). These obligations ensure accessibility for individuals with disabilities, with specific exceptions applied.
Background
Section 255 of the Communications Act requires telecommunications service providers and equipment manufacturers to ensure that their services and equipment are accessible to and usable by individuals with disabilities, if readily achievable. Accessibility refers to features that allow people to access a product or service despite their disability, while usability refers to the accessibility of product support information, including bills and training documentation. In 2007, the Commission adopted rules to extend these accessibility and usability obligations to voicemail, interactive menu services, and interconnected VoIP services and equipment. The Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) added additional accessibility obligations to the Communications Act by, among other things, adding new Sections 716, 717, and 718 as follows:
- Section 716 requires providers of advanced communications services and manufacturers of equipment used for those services to ensure that such services and equipment are accessible to and usable by individuals with disabilities, unless doing so is not achievable. These requirements take effect for interoperable video conferencing services on September 3, 2024.
- Section 717 addresses the recordkeeping and enforcement obligations of service providers and equipment manufacturers that are subject to Sections 255, 716, and 718.
- Section 718 requires manufacturers of telephones used with public mobile services and providers of mobile service to ensure that the functions of the Internet browser that they include or arrange to be included in such telephones are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable.
CVAA Recordkeeping Requirements
Entities subject to Sections 255, 716, and 718 are required to maintain records of the efforts they have taken to implement these sections, including:
- information about the manufacturer’s or provider’s efforts to consult with individuals with disabilities;
- descriptions of the accessibility features of its products and services; and
- information about the compatibility of such products and services with peripheral devices or specialized customer premise equipment commonly used by individuals with disabilities to achieve access.
To submit a recordkeeping compliance certification, or to enter or update contact information, please go to https://apps.fcc.gov/rccci-registry/. Additional guidance for filers is available at: https://www.fcc.gov/rccci-filing-instructions.
The CommLaw Group Can Help!
If you have inquiries regarding filing obligations or need assistance ensuring compliance with accessibility requirements, please contact Michal Nowicki at 703-714-1311 or mjn@commlawgroup.com. If you would like to submit your filing through our affiliated consulting firm, please contact Marsha Pokorny at (703) 714-1324 or map@commpliancegroup.com.