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ATBCB | RIN: 3014-AA37 | Publication ID: 2012 |
Title: Telecommunications Act Accessibility Guidelines; Electronic and Information Technology Accessibility Standards | |
Abstract: This rulemaking would update in a single document the accessibility guidelines for telecommunication equipment and customer premises equipment issued in 1998 under section 255 of the Telecommunications Act of 1966, and the accessibility standards for electronic and information technology issued in 2000 under section 508 of the Rehabilitation Act of 1973, as amended. Section 255 of the Telecommunications Act requires manufacturers of telecommunication equipment and customer premises equipment to ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Section 508 of the Rehabilitation Act requires Federal agencies to ensure that electronic and information technology developed, procured, maintained, or used by the agencies allows individuals with disabilities to have comparable access to and use of information and data as afforded others who are not individuals with disabilities, unless an undue burden would be imposed on the Federal agency. The Federal Communications Commission has issued regulations (47 CFR parts 6 and 7) implementing Section 255 of the Telecommunications Act that are consistent with the accessibility guidelines for telecommunication equipment and customer premises equipment. The Federal Acquisition Regulatory Council has incorporated the accessibility standards for electronic and information technology in the Federal Acquisition Regulation (48 CFR Chapter 1). The Federal Communications Commission and Federal Acquisition Regulatory Council are expected to update their regulations in separate rulemakings when the accessibility guidelines for telecommunication equipment and customer premises equipment and accessibility standards for electronic and information technology are updated. | |
Agency: Architectural and Transportation Barriers Compliance Board(ATBCB) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 36 CFR 1193 36 CFR 1194 | |
Legal Authority: 47 USC 255(e) 29 USC 794(d) |
Legal Deadline:
None |
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Statement of Need: Since the Access Board first issued the standards and the guidelines, technology has evolved and changed. The Board issued the (Section 508) Electronic and Information Technology Accessibility Standards in December 2000, 65 FR 80500 (December 21, 2000), and the Telecommunications Act Accessibility Guidelines for telecommunications equipment and customer premises equipment in February 1998, 63 FR 5608 (February 3, 1998). The Board has since decided to update and revise these guidelines and the standards together to address changes in technology and to make both documents consistent. |
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Summary of the Legal Basis: Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 (d) (Section 508) requires that when developing, procuring, maintaining, or using electronic and information technology, each federal department or agency must ensure, unless an undue burden would be imposed on the department or agency, that electronic and information technology (regardless of the type of medium) allows individuals with disabilities to have access to and use of information and data that is comparable to the access and use of the information and data by others without disabilities. Section 255 of the Telecommunications Act of 1996, 47 U.S.C. 153, 255 (Section 255) requires telecommunications manufacturers to ensure that telecommunications equipment and customer premises equipment are designed, developed, and fabricated to be accessible to and usable by individuals with disabilities when it is readily achievable to do so. |
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Alternatives: In developing the ANPRMs, the Board has solicited various stakeholders' views and practices. The Access Board formed the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) in 2006 to review the existing guidelines and standards and to recommend changes. TEITAC's 41 members comprised a broad cross-section of stakeholders, including representatives from industry, disability groups, and a number of government agencies in the U.S. and abroad -- the European Commission, Canada, Australia, and Japan. Recognizing the importance of standardization across markets worldwide, TEITAC coordinated its work with standard-setting bodies in the U.S. and abroad, such as the World Wide Web Consortium (W3C). TEITAC members addressed a range of issues, including new or convergent technologies, market forces, and international harmonization. On April 3,2008, TEITAC presented its report to the Board. The report recommended revisions to the Board's Section 508 standards and Section 255 guidelines. The report is available on the Board's website at www.access-board.gov/sec508/refresh/report/. |
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Anticipated Costs and Benefits: The Access Board is seeking input from the public on costs and benefits associated with the standards, and working with an outside contractor to assess costs and benefits associated with the proposed rule and to support the preliminary regulatory impact assessment that will accompany the proposed rule. The Information and Communication Technology Standards and Guidelines will promote open government for all people, regardless of disability status, by providing federal agencies with standards to ensure that when they procure, develop, maintain or use electronic and information technology, that citizens and employees who are individuals with disabilities have access to and use of information and data that is comparable to the access to and use of the information and data by others without disabilities. The Access Board expects that the Information and Communication Technology Standards and Guidelines will have international impacts. Accordingly, the agency has incorporated into its rulemaking process extensive outreach efforts to include industry representatives, disability groups, standard-setting bodies in the U.S. and abroad such as the World Wide Web Consortium, and other countries such as representatives from the European Commission, Canada, Australia, and Japan. |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.access-board.gov/508.htm | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Lisa Fairhall Deputy General Counsel Architectural and Transportation Barriers Compliance Board Suite 1000, 1331 F Street NW., Washington, DC 20004 Phone:202 272-0046 Fax:202 272-0081 Email: fairhall@access-board.gov |