Accessible Design: Problems and Solutions
A Literature Review to Support the ITTATC Needs Assessment

Section 2: Literature Review Results

G: Government Regulations

 Introduction



The primary regulatory actions impacting E&IT design include Section 255 of the Telecommunications Act and Section 508 of the Rehabilitation Act. There are many comments on and interpretations of these regulations, and they are referred to in the literature review. Section 255 is part of the Telecommunications Act, and was developed to mandate that manufacturers of telecommunications equipment make strong attempts to ensure accessibility to all, when readily achievable. Compliance involves a complaint process that ensures confidentiality and provides strict guidelines for timeframes to react to the complaints (Access Board, 1998; TIA, 1999).

Section 508 impacts government agencies, and was developed to ensure access to information provided by the Federal Government. Any non-compliance must be documented and explained, agency evaluations will be completed regularly, and compliance reports will be developed. Technical assistance is available for the various agencies (Access Board, 2001).

 G-1. What is required by Section 255?



Section 255 requires that telecommunications “equipment and customer premises equipment” be accessible to individuals with disabilities, where “readily achievable” (Access Board, 1998). If accessibility in design, development, and manufacturing is not readily achievable, telecommunications equipment and customer premises equipment must be made compatible with assistive devices. Disability is defined by Section 255 as functional limitations in vision, hearing, movement, manipulation, speech, and interpretation of information.
Access Board. (1998). (n.d.) Telecommunications Act accessibility guidelines. [Published in the Federal Register February 3, 1998]. Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/telecomm/html/telfinal.htm
Access Board. (n.d.). Market monitoring report. Retrieved September 18, 2003, from the World Wide Web: http://www.access-board.gov/telecomm/marketrep/.
Kennard, W. E. (March 8, 1998). Remarks by Chairman William E. Kennard regarding disability access to telecom equipment. Washington, D.C.
NCD. (June 30, 1998). Comments to the Federal Communications Commission. National Council on Disability. Retrieved January 8, 2001 from the World Wide Web: http://www.ncd.gov/newsroom/correspondence/fcc_6-30-98.html
TIA. (June 30, 1998). Comments of the Telecommunications Industry Association. Washington, D.C.: Telecommunications Industry Association.
TIA. (January 8, 1999). Correspondence from the Telecommunications Industry Association. Washington, D.C.: Telecommunications Industry Association.
TIA. (1997). Proposal for FCC guidelines for implementing Section 255 of the Communications Act. Washington, D.C.: Telecommunications Industry Association.
TIA. (1998). Reply comments of the Telecommunications Industry Association. (August 14, 1998). Washington, D.C.: Telecommunications Industry Association.

 G-2. What is required by Section 508?



Section 508 requires that, unless “undue burden” is imposed, all federal departments and agencies make electronic and information technology accessible to both federal employees with disabilities and individuals in the public with disabilities who wish to access services and information provided by the federal government. If undue burden is observed, and fully justified, federal departments and agencies must provide alternative means of access to electronic and information technology. A set of standards for accessibility, produced by the Access Board, are to follow Section 508 and six months after they are published all government departments and agencies are to be evaluated for compliance by their respective heads. At this point, individuals can also contact the federal government for litigation and enforcement purposes regarding non-compliant departments or agencies.
Access Board. (2001). Section 508 of the Rehabilitation Act (29 U.S.C. 794(d)). (1998). Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/about/Rehab%20Act%20Amend-508.htm
Accessibility Forum (2003). Quick reference guide to Section 508. Retrieved September 26, 2003 from the World Wide Web: http://www.accessibilityforum.org/paper_tool.html
EITAAC Report. (June 9, 1999). Retrieved January 8, 2001 from the World Wide Web: http://www.cot.org/dreport.htm
Electronic and information technology accessibility standards. (2000). [Published in the Federal Register]. Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/sec508/508standards.htm
Electronic and Information Technology Accessibility Standards: Economic Assessment. (2000). Washington, D.C.: EOP Foundation.
Section508.gov. (n.d.). 508 Law. Retrieved September 3, 2003, from the World Wide Web: http://www.section508.gov/index.cfm?FuseAction=Content&ID=3
Workforce Investment Act of 1998: Section 508. Electronic and Information Technology. Retrieved December 15, 2000, from the World Wide Web: http://www.usdoj.gov/crt/508/508law.html

 G-3. Which industries are most affected by Section 255/508?



The Electronic and Information Technology Access Advisory Committee (EITAAC) identified several critical areas in which accessibility to electronic and information technology must be addressed (EITAAC Report, 1999). These areas include keyboards, software, web-based information and applications, telecommunications, multimedia, information transaction machines, PDAs, and cabling. Therefore, industries producing technology falling in these areas would be affected by Section 508. As Section 255 pertains to telecommunication equipment and customer premises equipment, telecommunications providers and manufacturers of telecommunications equipment are the most affected industries by this legislation (Access Board, 1998).
Access Board. (2001). Section 508 of the Rehabilitation Act (29 U.S.C. 794(d)). (1998). Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/about/Rehab%20Act%20Amend-508.htm
Access Board. (1998). Telecommunications Act accessibility guidelines. (n.d.). [Published in the Federal Register February 3, 1998]. Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/telecomm/html/telfinal.htm
EITAAC Report. (June 9, 1999). Retrieved January 8, 2001 from the World Wide Web: http://www.cot.org/dreport.htm
Electronic and Information Technology Accessibility Standards: Economic Assessment. (2000). Washington, D.C.: EOP Foundation.

 G-4. What are the current interpretations of government regulations?



Current interpretations of government regulations recognize that attempts to increase accessibility will not necessarily make all products accessible to all people (Access Board, n.d.; TIA, 1997). The definition of what is “readily achievable” will vary with each manufacturer and depend on the costs and resource availability associated with making products accessible (Access Board, n.d.). Recognizing the diversity in manufacturers and products, the guidelines established by federal regulations focus on performance specifications that equipment must meet, rather than the exact manner in which accessibility is achieved (Access Board, n.d.). Attempts to meet these specifications must occur at the earliest stages in the design process, however (Access Board, n.d.). Industry interpretations of the regulations support the accessibility of product lines, rather than individual products in order to promote continued flexibility in product development (TIA, 1998, 1999). Interpretations of Section 508 make it clear that this legislation applies to the federal sector only, though such regulation may eventually apply to the public sector (ATBCB, 2000; Tedeschi, 2001). Finally, enforcement of Section 255 compliance is exacted by the Federal Communications Commission, and not by the organizations through which regulations are drafted. It is encouraged that complaints about accessibility be informally addressed (e.g., the Access Board; TIA, 1997, 1999). There is some debate as to how this should be accomplished (NCD, 1998; TIA, 1999).
Access Board. Retrieved, December 15, 2000, from the World Wide Web: http://www.access-board.gov/telecomm/bulletin.txt (Informal guidance on Section 255 of the Telecommunications Act of 1996.)
Access Board. (1998). Telecommunications Act accessibility guidelines. (n.d.). [Published in the Federal Register February 3, 1998]. Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/telecomm/html/telfinal.htm
Electronic and information technology accessibility standards. (2000). [Published in the Federal Register]. Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/sec508/508standards.htm
NCD. Comments to the Federal Communications Commission. (June 30, 1998). National Council on Disability. Retrieved January 8, 2001 from the World Wide Web: http://www.ncd.gov/newsroom/correspondence/fcc_6-30-98.html
TIA. (1998). Reply comments of the Telecommunications Industry Association. (August 14, 1998). Washington, D.C.: Telecommunications Industry Association.
TIA Access. (1996, November). Resource guide for accessible design of consumer electronics. Electronic Industries Alliance/Electronic Industries Foundation. Retrieved January 9, 2001, from the World Wide Web: http://www.tiaonline.org/access/guide.html

 G-5. What is the current compliance approach?



Several telecommunications and electronic information industry leaders (e.g., Sun Microsystems, Microsoft, AT&T, Adobe, Macromedia, etc.) have taken the initiative to address compliance issues within their companies, as evidenced by the “Open Letter on Accessibility from Technology Executives” to the President in September, 2000. In this letter, industry leaders committed to drafting company-wide policies on accessibility, which include raising awareness about accessibility, providing training in accessibility issues, including individuals with disabilities in the design process, and documenting the accessibility features of their products and services. As can be seen in several corporate web sites (e.g., IBM, Pacific Bell, Microsoft, Macromedia), several companies have already begun to address accessibility on a large-scale and have taken an active part in promoting accessibility through their products and documentation. One way in which compliance is documented is through the Voluntary Product Accessibility Template (VPAT); a template has been created for corporations to address their compliance issues (ITIC, 2001).

Further, the telecommunications industry maintains contact with legislation through active participation in the process through which standards and regulations are implemented (e.g., TIA, 1997, 1999). The goal of this participation is to address compliance issues while also trying to support industry innovation and competition. Accessible design appears to be an ideal way in which to integrate the needs of individuals with disabilities with the needs of industry (Access Board, n.d.).
Access Board. (2001). Section 508 of the Rehabilitation Act (29 U.S.C. 794(d)). (1998). Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/about/Rehab%20Act%20Amend-508.htm
ITIC. (2001). Voluntary Product Accessibility Template. Retrieved September 19, 2003, from the World Wide Web: http://www.itic.org/policy/vpat.html
ITAA. (n.d.). Information Technology Association of America IT Accessibility and Regulation Task Group. Retrieved September 26, 2003 from the World Wide Web: http://www.itaa.org/software/sec508/
TIA. (January 8, 1999). Correspondence from the Telecommunications Industry Association.

 G-6. What is the government’s position on enforcement of the current regulations?



The government has provided evidence that it takes enforcement of the current regulations seriously through clearly described compliance procedures including multiple evaluations, clearly described processes for proving “undue burden” or “not readily achievable”, and warnings to agencies or companies that have not yet complied with regulation that financial penalty will ensue if failure continues (Access Board, 2001; FCC, 2000). The government evaluates compliance of its own departments and agencies with federal standards through a series of evaluations and reports, prepared by the Attorney General (Access Board, 2001). The heads of federal departments and agencies are expected to cooperate with the preparation of these reports by providing information about the current state of compliance. The President then evaluates this report. However, there is not much documented on government action taken against non-government offenders of Section 255, and the enforcement provisions specified in Section 508 do not go into effect until June 21, 2001.
Access Board. (2001). Section 508 of the Rehabilitation Act (29 U.S.C. 794(d)). (1998). Retrieved January 8, 2001 from the World Wide Web: http://www.access-board.gov/about/Rehab%20Act%20Amend-508.htm
Federal Communications Commission: Chief, Enforcement Bureau; Chief, Consumer Information Bureau; and Chief, Common Carrier Bureau. (2000, September 22). Reminder to manufacturers and providers of voice mail and interactive menu products and services of their accessibility obligations under new part 7 of the Commission’s rules. Washington DC. Retrieved January 4, 2001, from the World Wide Web:
Click here to go to this resource. (http://www.fcc.gov/Bureaus/Enforcement/Public_Notices/2000/
da002162.doc)
Tedeschi, B. (2001, January 1). E-Commerce Report. New York Times.
TIA. (1997). Proposal for FCC guidelines for implementing Section 255 of the Communications Act. Washington, D.C.: Telecommunications Industry Association.