[Federal Register Volume 64, Number 223 (Friday, November 19, 1999)]
[Proposed Rules]
[Pages 63277-63279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30092]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Chapter I

[WT Docket 96-198; FCC 99-181]


Access to Internet Telephony and Computer Based Equipment by 
Persons With Disabilities

AGENCY: Federal Communications Commission.

ACTION: Notice of inquiry.

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SUMMARY: This document examines the need and legal basis for applying 
rules similar to those developed for telecommunications services and 
customer premise equipment pursuant to section 255 to internet 
telephony and computer based equipment that performs the same functions 
that customer premise equipment performs.

DATES: Comments are due January 13, 2000 and reply comments are due on 
February 14, 2000.

ADDRESSES: Office of the Secretary, Federal Communications Commission, 
445 Twelfth Street S.W., Room TW-A325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Ellen Blackler, Common Carrier Bureau. 
202-418-0491.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
further Notice of Inquiry in WT Docket 96-198, adopted on July 14, 1999 
and released on September 29, 1999. The full text of the Notice of 
Inquiry, including Commissioners' statements, is available for 
inspection and copying during normal business hours in the FCC 
Reference Center, 445 Twelfth Street, SW, Room CY-257, Washington, D.C. 
Alternate formats (computer diskette, large print, audio cassette and 
Braille) are available to persons with disabilities by contacting 
Martha Contee at (202) 418-0260 (voice), (202) 418-2555 (TTY), or at 
[email protected]. The Further Notice of Inquiry can be downloaded in WP 
or ASCII text at: http//www.fcc.gov/dtf/.

Summary of Further Notice of Inquiry

I. Overview

    1. We are cognizant, in general, of the speed with which innovative 
next generation technologies are changing the way communications 
services are

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offered to the public, and the challenges posed to the disability 
community by these new technologies if they are not accessible. We 
lack, however, knowledge of the specific characteristics of those 
changes, and the implications for accessibility for people with 
disabilities. Given the rapid evolution of communications and the pace 
of technological innovation, we need to ensure that as new services and 
networks are developed they are designed to provide access to persons 
with disabilities.
    2. All paper filings must be sent to the Commission's Secretary, 
Magalie Roman Salas, Office of the Secretary, Federal Communications 
Commission, 445 Twelfth Street S.W., Room TW-A325, Washington, DC 
20554. Accordingly, we are issuing this Notice of Inquiry (NOI) to aid 
our understanding of the access issues presented by communications 
services and equipment not covered by the section 255 rules. Our goal 
is to take full advantage of the promise of new technology, not only to 
ensure that advancements do not leave people with disabilities behind, 
but also to harness the power of innovation to break down the 
accessibility barriers we face today and prevent their emergence 
tomorrow. While we are interested in all aspects of communications 
technology that may present accessibility issues, we specifically 
request information on two types, Internet telephony and computer-based 
equipment that replicates telecommunications functionality.

II. Internet Telephony

    3. Internet Protocol telephony (``Internet'' or ``IP'' telephony) 
services enable real-time voice transmission using the Internet 
Protocol (IP), a packet-switched communications protocol. The services 
can be provided in two basic ways: computer-to-computer IP telephony 
conducted through special software and hardware at an end user's 
premises; or phone-to-phone IP telephony conducted through ``gateways'' 
that enable applications originating and/or terminating on the public 
switched network. Phone-to-phone IP telephony is provided through 
computer gateways that allow end users to make and receive calls using 
their traditional telephones. Gateways translate the circuit-switched 
voice signal into IP packets, and vice versa, and perform associated 
signalling, control, and address translation functions. The voice 
communications can then be transmitted along with other data on the 
``public'' Internet, or can be routed through intranets or other 
private data networks for improved performance.
    4. We ask commenters to provide any further information as to the 
extent to which phone-to-phone IP telephony services might impact the 
disability community, and the steps, we should take to address any 
adverse impacts in order to fulfill the goals of section 255, or 
otherwise promote the accessibility of this technology. Commenting 
parties should offer specific suggestions as to the appropriate role 
for the Commission in guaranteeing access and the statutory basis for 
that role. For example, commenters should address ways in which phone 
to phone IP telephony may be interpreted as falling within the purview 
of section 255. Commenters should provide specific definitions of the 
services or equipment to which the statute might apply, and the 
appropriate means of limiting its application to only those services 
and equipment. Commenters should address the ways, if any, in which 
industry bodies can ensure access without regulatory action. Commenters 
should also describe the specific access issues or experiences that 
might arise with IP telephony. For example, will TTY tones be 
adequately transmitted in a packet-switched environment? Will persons 
with speech disabilities whose speech patterns and voice outputs from 
alternative and augmentative communications devices may fall outside of 
traditional voice patterns, face additional communications barriers 
with packetized voice services?
    5. We further ask commenters to address what efforts manufacturers 
of equipment that performs phone-to-phone IP telephony functions and 
providers of phone-to-phone IP telephony services are currently making 
to ensure that such equipment and services are accessible. What 
improvements in accessibility may be possible through the use of phone-
to-phone IP telephony? Are there natural opportunities for 
incorporating accessibility into IP telephony? Can greater 
accessibility be achieved if requirements are adopted early in the 
development of IP Telephony? Is it possible that greater levels of 
accessibility will be readily achievable with IP telephony than 
conventional telephony? How will compatibility with assistive 
technology affect the use of IP telephony?
    6. Commenters should also address the extent to which IP telephony 
is now, or soon will be, an effective substitute for conventional 
circuit-switched telephony. As Internet usage grows, phone-to-phone 
voice IP telephony may be used with increasing frequency as an 
alternative to more traditional telephone service. How extensive is 
Internet telephony usage today? What is the projected usage of Internet 
telephony in the near future? What is the projected use of various 
kinds of IP telephony by persons with disabilities?
    7. Commenters are asked to describe differences in characteristics 
between computer-based and phone-based IP telephony, and whether such 
differences merit different treatment by the Commission. Given the 
rapid pace of technological change in the telecommunications 
marketplace, we also ask commenters to apprise us of any new 
technologies that may impact the availability of accessible services 
and equipment.

III. Computer Based Equipment

    8. We also seek comment on another aspect of the network of the 
future--the movement of telecommunications and information service 
functions from the network, or the terminal equipment which connects 
directly to the network, into computer equipment which does not connect 
to the network directly. This computer hardware and software is not 
typically regarded as CPE, but may, in fact, deliver the same functions 
we seek to make accessible. For instance, voicemail, interactive menus, 
or phone-to-phone IP telephony in current network topologies can reside 
in equipment located on the service provider's premises, but such 
functionalities are also available in several forms to end users on 
their own premises. For example, voicemail can be purchased from a 
carrier, can be provided via software and a private branch exchange 
(PBX), or can be provided through a computer that connects with the 
PBX, but is not generally regarded as part of the PBX. It is this 
latter application as to which we seek comment.
    9. These software applications shift the potential for 
accessibility solutions from the core of the network to the end user's 
premises. We therefore ask commenters to address whether equipment that 
provides these capabilities, but which does not connect directly into 
the public network (or otherwise directly receive the transmission of 
the telecommunications), should be considered to be CPE subject to the 
requirements of section 255. We note, for example, that this Order does 
not currently reach a software telephone or the personal computer on 
which it resides, even though it performs the same functions as the 
traditional telephone.
    10. We ask commenters to address the need to include this computer-
based equipment as CPE or otherwise apply

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the provisions of these rules to that equipment in order to ensure 
access. We also ask commenters to address whether failure to bring such 
equipment within the scope of section 255 would create a serious gap in 
coverage that would interfere with our ability to effectively implement 
its provisions. Commenters should offer suggestions as to the 
appropriate role for the Commission in ensuring access for this kind of 
equipment and the statutory basis for that role. We also ask about the 
potential for this kind of equipment for improving accessibility and 
its compatibility with assistive technology. Is it possible that 
greater levels of accessibility will be readily achievable if this kind 
of equipment has accessibility requirements?

IV. Procedural Matters

    11. Pursuant to Secs. 1.415 and 1.419 of the Commission's rules, 
interested parties may file comments as follows: Comments may be filed 
using the Commission's Electronic Comment Filing System (ECFS) or by 
filing paper copies.
    12. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic copy by Internet e-mail. To get filing instructions for e-
mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message: ``get 
form .'' A sample form and directions will be sent 
in reply.
    13. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number. All paper filings must be sent to the Commission's Secretary, 
Magalie Roman Salas, Office of the Secretary, Federal Communications 
Commission, 445 Twelfth Street S.W., Room TW-A325, Washington, DC 
20554.
    14. Parties who choose to file by paper should also submit their 
comments on diskette to Al McCloud, Network Services Division, Common 
Carrier Bureau, Federal Communications Commission, 445 Twelfth Street 
SW, Room 6-A423, Washington, DC 20554. Such a submission should be on a 
3.5 inch diskette formatted in an IBM-compatible format using 
WordPerfect 5.1 for Windows or a compatible software. The diskette 
should be accompanied by a cover letter and should be submitted in 
read-only mode. The diskette should be clearly labeled with the 
commenter's name, proceeding, including the lead docket number in the 
proceeding (CC Docket No. 96-198), type of pleading (comment or reply 
comment), date of submission, and the name of the electronic file on 
the diskette. The label should also include the following phrase (Disk 
Copy--Not an Original.) Each diskette should contain only one party's 
pleadings, preferably in a single electronic file. In addition, 
commenters should send diskette copies to the Commission's copy 
contractor, International Transcription Service, Inc., 1231 20th St. 
NW, Washington, DC 20037.
    15. Alternate formats (computer diskette, large print, audio 
cassette and Braille) are available to persons with disabilities by 
contacting Martha Contee at (202)418-0260 (voice), (202)418-2555 (TTY), 
or at [email protected]. The Further Notice of Inquiry can be downloaded 
in Wp or ASCII test at: http://www.fcc.gov/dtf/.

V. Ordering Clauses

    16. The authority contained in sections 1, 2, 4, 201(b), 208, 
251(a)(2), 255, and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 152, 154, 201(b), 208, 251(a)(2), 255, 303(r), 
this Notice of Inquiry IS ADOPTED and comments ARE REQUESTED.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 99-30092 Filed 11-18-99; 8:45 am]
BILLING CODE 6712-01-U