In our previous advisory on the upcoming RCCCI CVAA filing deadline, we included references to requirements for certain service providers, such as Incarcerated People’s Communications Services (IPCS), to file their annual recordkeeping compliance certifications and contact information with the FCC by April 1, 2025. It has come to our attention that the CVAA certification portal has not yet been updated to accommodate filings for IPCS.
Despite the public notice indicating that IPCS providers are required to file certifications, this lack of portal updates creates ambiguity regarding which boxes IPCS providers should be selecting in the certification process. Depending on the types of services an IPCS provider offers to inmates or detainees, as well as how these services are delivered, the provider may be required to check multiple boxes to certify that it is aware of the full scope of its disability access obligations under Sections 255 and 716 of the Communications Act and its implementing FCC regulations.
Background
On March 3, 2025, the Federal Communications Commission (FCC) issued a Public Notice reminding service providers and equipment manufacturers that April 1, 2025, and annually thereafter, is the deadline for certain entities to file their annual recordkeeping compliance certifications and contact information in the Recordkeeping Compliance Certification and Contact Information (RCCCI) Registry. This includes, but is not limited to, Communications and Video Accessibility Act (CVAA) certifications for interoperable video conferencing services (IVCS) and incarcerated people’s communications services (IPCS).
IVCS is defined broadly as “a service that provides real-time video communications, including audio, to enable users to share information of the user’s choosing.” IPCS, on the other hand, refers to “any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used.”
As outlined in our previous client advisory, the FCC requires telecommunications and customer premises equipment manufacturers, advanced communication services (ACS) providers, and equipment manufacturers to submit accessibility recordkeeping compliance certifications and contact information to the RCCCI. These requirements ensure that communications services and equipment are accessible to and usable by individuals with disabilities. Despite these requirements, telecommunications equipment, customer premises equipment, and telecommunications services need not be made accessible or usable to the extent compliance is not “readily achievable.” Likewise, advanced communications services and related equipment are exempt to the extent the manufacturer or service provider can demonstrate that compliance is not “achievable.”
Stay Compliant – Download Our CVAA Compliance Guide
Remaining compliant with CVAA and accessibility regulations can be complex. For additional information on your company’s potential CVAA and other disability access obligations, we encourage you to download our Disabilities Access CVAA Regulatory Compliance Guide. This guide breaks down key requirements, filing obligations, and best practices to help your company meet its responsibilities. Download your copy today.
The CommLaw Group Can Help!
For assistance with filing obligations or compliance with accessibility requirements, please contact:
Michal Nowicki at 703-714-1311 or mjn@commlawgroup.com. To schedule a consultation, please use my public calendar.
Michael Donahue at 703-714-1319 or mpd@commlawgroup.com.
