The FCC’s New Disabilities Access Requirements Update

In 2010, Congress enacted landmark legislation requiring providers of ​“Advanced Communications Services” (“ACS”) to make their products and services accessible to persons with disabilities. This law applies not only to telecommunications service providers, VoIP carriers, and providers of interoperable video conferencing but also to many entities not traditionally regulated by the FCC, including mobile app developers, electronic message boards, game portals, instant messaging providers and providers of in-app VoIP services (i.e., VoIP that does not replace traditional telephone services). The FCC’s rules implementing the law are complex and the obligations are far-reaching. Already affected providers are subject to a new obligation to consider accessibility, and the FCC has imposed significant record-keeping and reporting requirements. Further, by October 8, 2013, providers are required to bring covered products and services into compliance with substantive accessibility requirements, leaving very little time to understand the regulations and take the necessary actions.

On June 19, 2013, Kelley Drye held a free webinar which discussed these new requirements. The webinar focused on the questions you need to answer quickly:

• Who has to comply?
• What has to be done?
• When must it be done?
• Are Waivers or Exceptions available?

In addition, with very few bright lines in this area, we offered practical suggestions that may help an entity to comply with the new requirements.