[Federal Register Volume 68, Number 81 (Monday, April 28, 2003)]
[Rules and Regulations]
[Pages 22315-22319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10284]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 03-48]


Amendment of the Commission's Rules Concerning Non-Discrimination 
on the Basis of Disability in the Commission's Programs and Activities

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends our rules, entitled ``Enforcement of Non-
discrimination on the Basis of Handicap in Programs or Activities 
Conducted by the Federal Communications Commission,'' 47 CFR 1.1801 et 
seq., to update the Commission's section 504 regulations. The rules 
modified by this document pertain to agency organization, procedure and 
practice. Consequently, the notice and comment provisions of the 
Administrative Procedure Act are inapplicable.

DATES: Effective April 28, 2003.

FOR FURTHER INFORMATION CONTACT: Susan Magnotti, 202/418-0871, Fax 202/
418-4562, TTY 202/418-0538, [email protected], Disability Rights Office, 
Consumer & Governmental Affairs Bureau.

SUPPLEMENTARY INFORMATION: This is the full text of the Commission's 
Order (Order) in the Amendment of Part 1, Subpart N of the Commission's 
Rules Concerning Non-Discrimination on the Basis of Disability in the 
Commission's Programs and Activities, FCC 03-48, adopted March 4, 2003 
and released March 12, 2003, with the exception of Chairman's and 
Commissioners' separate statements, and Appendix B of the Order, which 
is the FCC Section 504 Programs and Activities Accessibility Handbook 
(Handbook). The full text of the Order, including the separate 
statements and the Handbook, is available for inspection and copying 
during the weekday hours of 9 a.m. to 4:30 p.m. in the FCC Reference 
Center, Room CY-A257, 445 12th Street, SW., Washington, DC 20554, or 
copies may be purchased from the Commission's copy contractor, Qualex 
International, Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554 (202/863-2893), [email protected].

Text of the Report and Order

    By the Commission: Chairman Powell and Commissioners Copps and 
Adelstein issuing separate statements.
    1. As originally enacted, section 504 of the Rehabilitation Act of 
1973 prohibited discrimination against individuals with disabilities 
under any ``program or activity'' receiving Federal financial 
assistance. \1\ In 1978, Congress amended section 504 to cover any 
program or activity conducted by any Executive Branch agency or the 
United States Postal Service. The 1978 amendment required covered 
agencies to promulgate regulations enforcing section 504's 
prohibitions. On April 15, 1987, the Commission released a Report and 
Order that adopted with minor modifications the Department of Justice's 
prototype regulations for implementing and enforcing section 504.\2\ 
The Report and Order noted that the legislative history of the 1978 
amendments indicated that Congress intended the amendments to apply to 
all federal agencies, including independent regulatory agencies such as 
this Commission.\3\ Except for adding consumer complaint procedures, 
the Commission has not updated its section 504 regulations since 1987.
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    \1\ The Rehabilitation Act of 1973, Pub. L. 93-112, 87 Stat. 
394, 29 U.S.C. 794, as amended by the Rehabilitation Act Amendments 
of 1974, Pub. L. 93-516, 88 Stat. 1617, and the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, Pub. L. 95-602, 92 Stat. 2955, and the Rehabilitation Act 
Amendments of 1986, section 103(d), Pub. L. 99-506, 100 Stat. 1810, 
creates specific causes of action for persons who are aggrieved by 
discriminatory treatment as defined in the Act.
    \2\ Amendment of Part 1 of the Commission's Rules to Implement 
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 
section 794, Gen. Docket No. 84-533, Report and Order, 2 FCC Rcd 
2199 (1987) (Report and Order).
    \3\ See Report and Order at 2199, paragraph 2.
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    2. By this Order, we amend part 1, subpart N of our rules, entitled 
``Enforcement of Non-discrimination on the Basis of Handicap in 
Programs or Activities Conducted by the Federal Communications 
Commission,'' 47 CFR 1.1801 et seq., to update the Commission's section 
504 regulations. Specifically, we amend subpart N throughout to replace 
the terms ``handicap,'' ``individual with a handicap,'' and 
``individuals with handicaps'' with the terms ``disability,'' 
``individual with a disability,'' and ``individuals with 
disabilities,'' respectively, in keeping with the most current 
statutory terms used in the Americans with Disabilities Act.\4\ We 
amend Sec. Sec.  1.1803 and 1.1810 of the Commission's rules to specify 
filing and signature formats for persons with disabilities who wish to 
file using alternative media. We add a new Sec.  1.1805 to our rules to 
provide for the Federal Communications Commission Section 504 Programs 
and Activities Accessibility Handbook (Section 504 Handbook). The 
Section 504 Handbook is intended as a guide to implement the 
Commission's responsibilities under section 504 of the Rehabilitation 
Act. \5\ This handbook describes the methods and procedures for 
accommodation available at the Commission to achieve a consistent and 
complete accommodations policy. It is for internal staff use and public 
information only, and is not intended to create any rights, 
responsibilities, or independent causes of action against the Federal 
Government.
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    \4\ 42 U.S.C. 12101 et seq.
    \5\ The Rehabilitation Act of 1973, Pub. L. 93-112, 87 Stat. 
394, 29 U.S.C. 794, as amended by the Rehabilitation Act Amendments 
of 1974, Pub. L. 93-516, 88 Stat. 1617, and the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, Pub. L. 95-602, 92 Stat. 2955, and the Rehabilitation Act 
Amendments of 1986, section 103(d), Pub. L. 99-506, 100 Stat. 1810, 
creates specific causes of action for persons who are aggrieved by 
discriminatory treatment as defined in the Act.
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    3. In addition, we amend Sec.  1.1803 to define the term ``programs 
or activities'' as that term is used in subpart N. We amend Sec.  
1.1810 to require that the self-evaluation process be held every three 
years, during which time we will seek public comment on the 
accessibility of our programs and activities as required by section 504 
of the Rehabilitation Act of 1973. Finally, we amend Sec.  1.1849 to 
add a procedure for individuals who are requesting accessibility to the 
Commission's programs and facilities. We note that requests for 
accommodation requiring the assistance of other persons (e.g., an 
American Sign Language interpreter) can best be provided if the request 
is made five business days before a Commission event.\6\
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    \6\ Even if the request for accommodation is made less than five 
days before the relevant event, the Commission will make every 
effort to secure the services of a person to provide the requested 
assistance.
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    4. The modifications to part 1, subpart N undertaken by this Order 
are rules that pertain to agency organization, procedure and practice. 
Consequently, the notice and comment provisions of the Administrative 
Procedure Act are inapplicable.\7\ The procedural rule modifications 
will be effective immediately upon publication in the Federal 
Register.\8\
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    \7\ 5 U.S.C. 553(b)(3)(A).
    \8\ See 5 U.S.C. 553(d).
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    5. Accordingly, it is ordered that, pursuant to section 5 of the

[[Page 22316]]

Communications Act of 1934, as amended, 47 U.S.C. 155, part 1, subpart 
N of the Commission's rules is amended as set forth in the attached 
Appendix, effective April 28, 2003.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

0
For the reasons stated in the preamble, the Federal Communications 
Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:


    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 
and 325(e), and 29 U.S.C. 794.

0
2. Part 1 subpart N is revised to read as follows:

Subpart N--Enforcement of Nondiscrimination on the Basis of 
Disability In Programs or Activities Conducted By the Federal 
Communications Commission

Sec.  1.1801  Purpose.

    The purpose of this part is to effectuate section 119 of the 
Rehabilitation, Comprehensive Services, and Developmental Disabilities 
Amendments of 1978, which amended section 504 of the Rehabilitation Act 
of 1973 (section 504) to prohibit discrimination on the basis of 
disability in programs or activities conducted by Executive agencies or 
the United States Postal Service.


Sec.  1.1802  Applications.

    This part applies to all programs or activities conducted by the 
Federal Communications Commission. The programs or activities of 
entities that are licensed or certified by the Federal Communications 
Commission are not covered by these regulations.


Sec.  1.1803  Definitions.

    For purposes of this part, the term--
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking skills to have an equal 
opportunity to participate in, and enjoy the benefits of, programs or 
activities conducted by the Commission. For example, auxiliary aids 
useful for persons with impaired vision include readers, Brailled 
materials, audio recordings, and other similar services and devices. 
Auxiliary aids useful for persons with impaired hearing include 
telephone handset amplifiers, telephones compatible with hearing aids, 
telecommunication devices for deaf persons (TTY/TDDs), interpreters, 
Computer-aided realtime transcription (CART), captioning, notetakers, 
written materials, and other similar services and devices.
    Commission means Federal Communications Commission.
    Complete complaint means a written statement, or a complaint in 
audio, Braille, electronic, and/or video format, that contains the 
complainant's name and address and describes the Commission's alleged 
discriminatory action in sufficient detail to inform the Commission of 
the nature and date of the alleged violation of section 504. It shall 
be signed by the complainant or by someone authorized to do so on his 
or her behalf. The signature of the complainant, or signature of 
someone authorized by the complainant to do so on his or her behalf, 
shall be provided on print complaints. Complaints in audio, Braille, 
electronic, and/or video formats shall contain an affirmative identity 
statement of the individual, which for this purpose shall be considered 
to be functionally equivalent to a complainant's signature. Complaints 
filed on behalf of classes or third parties shall describe or identify 
(by name, if possible) the alleged victims of discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, or other real or personal 
property.
    General Counsel means the General Counsel of the Federal 
Communications Commission.
    Individual with a disability means any individual who has a 
physical or mental impairment that substantially limits one or more 
major life activities, has a record of such an impairment, or is 
regarded as having such an impairment. As used in this definition, the 
phrase:
    (1) Physical or mental impairment includes, but is not limited to--
    (i) Any physiological disorder or condition, cosmetic 
disfigurement, or anatomical loss affecting one or more of the 
following body systems: Neurological; musculoskeletal; special sense 
organs; respiratory, including speech organs; cardiovascular; 
reproductive; digestive; genitourinary; hemic and lymphatic; skin; and 
endocrine;
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities;
    (iii) Diseases and conditions such as orthopedic, visual, speech, 
and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; 
multiple sclerosis; cancer; heart disease; diabetes; mental 
retardation; emotional illness; and drug addiction and alcoholism.
    (2) Major life activities include functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, 
speaking, breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the Commission as 
constituting such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others 
toward such impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this 
definition but is treated by the Commission as having such impairment.
    Managing Director means the individual delegated authority as 
described in 47 CFR 0.11.
    Programs or Activities mean any activity of the Commission 
permitted or required by its enabling statutes, including but not 
limited to any licensing or certification program, proceeding, 
investigation, hearing, meeting, board or committee.
    Qualified individual with a disability means--
    (1) With respect to any Commission program or activity under which 
an individual is required to perform services or to achieve a level of 
accomplishment, an individual with a disability who, with or without 
reasonable modification to rules, policies, or practices or the 
provision of auxiliary aids, meets the essential eligibility 
requirements for participation in the program or activity and can 
achieve the purpose of the program or activity; or
    (2) With respect to any other program or activity, an individual 
with a disability who, with or without reasonable modification to 
rules, policies, or practices or the provision of auxiliary aids, meets 
the essential eligibility requirements for participation

[[Page 22317]]

in, or receipt of benefits from, that program or activity; or
    (3) The definition of that term as defined for purposes of 
employment in 29 CFR 1630.2(m), which is made applicable to this part 
by Sec.  1.1840.
    Section 504 means section 504 of the Rehabilitation Act of 1973, 
Public Law 93-112, 87 Stat. 394, 29 U.S.C. 794, as amended by the 
Rehabilitation Act Amendments of 1974, Public Law 93-516, 88 Stat. 
1617, and the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978, Public Law 95-602, 92 Stat. 2955, and 
the Rehabilitation Act Amendments of 1986, sec. 103(d), Public Law 99-
506, 100 Stat. 1810. As used in this part, section 504 applies only to 
programs or activities conducted by Executive agencies and not to 
federally assisted programs.
    Section 504 Officer is the Commission employee charged with 
overseeing the Commission's section 504 programs and activities.


Sec.  1.1805  Federal Communications Commission Section 504 Programs 
and Activities Accessibility Handbook.

    The Consumer & Governmental Affairs Bureau shall publish a 
``Federal Communications Commission Section 504 Programs and Activities 
Accessibility Handbook'' (``Section 504 Handbook'') for Commission 
staff, and shall update the Section 504 Handbook as necessary and at 
least every three years. The Section 504 Handbook shall be available to 
the public in hard copy upon request and electronically on the 
Commission's Internet website. The Section 504 Handbook shall contain 
procedures for releasing documents, holding meetings, receiving 
comments, and for other aspects of Commission programs and activities 
to achieve accessibility. These procedures will ensure that the 
Commission presents a consistent and complete accommodation policy 
pursuant to 29 U.S.C. 794, as amended. The Section 504 Handbook is for 
internal staff use and public information only, and is not intended to 
create any rights, responsibilities, or independent cause of action 
against the Federal Government.


Sec.  1.1810  Review of compliance.

    (a) The Commission shall, beginning in 2004 and at least every 
three years thereafter, review its current policies and practices in 
view of advances in relevant technology and achievability. Based on 
this review, the Commission shall modify its practices and procedures 
to ensure that the Commission's programs and activities are fully 
accessible.
    (b) The Commission shall provide an opportunity to interested 
persons, including individuals with disabilities or organizations 
representing individuals with disabilities, to participate in the 
review process by submitting comments. Written comments shall be signed 
by the commenter or by someone authorized to do so on his or her 
behalf. The signature of the commenter, or signature of someone 
authorized by the commenter to do so on his or her behalf, shall be 
provided on print comments. Comments in audio, Braille, electronic, 
and/or video formats shall contain an affirmative identity statement of 
the individual, which for this purpose shall be considered to be 
functionally equivalent to a commenter's signature.
    (c) The Commission shall maintain on file and make available for 
public inspection for four years following completion of the compliance 
review--
    (1) A description of areas examined and problems identified;
    (2) All comments and complaints filed regarding the Commission's 
compliance; and
    (3) A description of any modifications made.


Sec.  1.1811  Notice.

    The Commission shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons information 
regarding the regulations set forth in this part, and their 
applicability to the programs or activities conducted by the 
Commission. The Commission shall make such information available to 
such persons in such manner as the Section 504 Officer finds necessary 
to apprise such persons of the protections against discrimination 
assured them by section 504.


Sec.  1.1830  General prohibitions against discrimination.

    (a) No qualified individual with a disability shall, on the basis 
of disability, be excluded from participation in, be denied the 
benefits of, or otherwise be subjected to discrimination under any 
program or activity conducted by the Commission.
    (b) Discriminatory actions prohibited.
    (1) The Commission, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of disability--
    (i) Deny a qualified individual with a disability the opportunity 
to participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with a disability an opportunity 
to participate in or benefit from the aid, benefit, or service that is 
not equal to that afforded others;
    (iii) Provide a qualified individual with a disability with an aid, 
benefit, or service that is not as effective in affording equal 
opportunity to obtain the same result, to gain the same benefit, or to 
reach the same level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
individuals with disabilities or to any class of individuals with 
disabilities than is provided to others unless such action is necessary 
to provide qualified individuals with disabilities with aid, benefits, 
or services that are as effective as those provided to others;
    (v) Deny a qualified individual with a disability the opportunity 
to participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified individual with a disability in 
the enjoyment of any right, privilege, advantage, or opportunity 
enjoyed by others receiving the aid, benefit, or service.
    (2) The Commission may not deny a qualified individual with a 
disability the opportunity to participate in any program or activity 
even where the Commission is also providing equivalent permissibly 
separate or different programs or activities for persons with 
disabilities.
    (3) The Commission may not, directly or through contractual or 
other arrangements, utilize criteria or methods of administration--
    (i) That have the purpose or effect of subjecting qualified 
individuals with disabilities to discrimination on the basis of 
disability; or
    (ii) That have the purpose or effect of defeating or substantially 
impairing accomplishment of the objectives of a program or activity 
with respect to individuals with disabilities.
    (4) The Commission may not, in determining the site or location of 
a facility, make selections--
    (i) That have the purpose or effect of excluding individuals with 
disabilities from, denying them the benefits of, or otherwise 
subjecting them to discrimination under any program or activity 
conducted by the Commission; or
    (ii) That have the purpose or effect of defeating or substantially 
impairing the accomplishment of the objectives of a program or activity 
with respect to individuals with disabilities.
    (5) The Commission, in the selection of procurement contractors, 
may not use criteria that subject qualified

[[Page 22318]]

individuals with disabilities to discrimination on the basis of 
disability.
    (6) The Commission may not administer a licensing or certification 
program in a manner that subjects qualified individuals with 
disabilities to discrimination on the basis of disability, nor may the 
Commission establish requirements for the programs or activities of 
licensees or certified entities that subject qualified individuals with 
disabilities to discrimination on the basis of disability. However, the 
programs or activities of entities that are licensed or certified by 
the Commission are not, themselves, covered by this part.
    (7) The Commission shall make reasonable modifications in policies, 
practices, or procedures when the modifications are necessary to avoid 
discrimination on the basis of disability, unless the Commission can 
demonstrate that making the modifications would fundamentally alter the 
nature of the program, service, or activity.
    (c) This part does not prohibit the exclusion of persons without 
disabilities from the benefits of a program limited by Federal statute 
or Executive order to individuals with disabilities, or the exclusion 
of a specific class of individuals with disabilities from a program 
limited by Federal statute or Executive order to a different class of 
individuals with disabilities.
    (d) The Commission shall administer programs and activities in the 
most integrated setting appropriate to the needs of qualified 
individuals with disabilities.


Sec.  1.1840  Employment.

    No qualified individual with a disability shall, on the basis of 
disability, be subjected to discrimination in employment under any 
program or activity conducted by the Commission. The definitions, 
requirements and procedures of section 501 of the Rehabilitation Act of 
1973, 29 U.S.C. 791, as established by the Equal Employment Opportunity 
Commission in 29 CFR parts 1614 and 1630, as well as the procedures set 
forth in the Basic Negotiations Agreement Between the Federal 
Communications Commission and National Treasury Employees Union, as 
amended, and Subchapter III of the Civil Service Reform Act of 1978, 5 
U.S.C. 7121(d), shall apply to employment in federally conducted 
programs or activities.


Sec.  1.1849  Program accessibility: Discrimination prohibited.

    (a) Except as otherwise provided in Sec.  1.1850, no qualified 
individual with a disability shall, because the Commission's facilities 
are inaccessible to, or unusable, by individuals with disabilities, be 
denied the benefits of, be excluded from participation in, or otherwise 
be subjected to discrimination under any program or activity conducted 
by the Commission.
    (b) Individuals shall request accessibility to the Commission's 
programs and facilities by contacting the Commission's Section 504 
Officer. Such contact may be made in the manner indicated in the FCC 
Section 504 Handbook. The Commission will make every effort to provide 
accommodations requiring the assistance of other persons (e.g., 
American Sign Language interpreters, communication access realtime 
translation (CART) providers, transcribers, captioners, and readers) if 
the request is made to the Commission's Section 504 Officer a minimum 
of five business days in advance of the program. If such requests are 
made fewer than five business days prior to an event, the Commission 
will make every effort to secure accommodation services, although it 
may be less likely that the Commission will be able to secure such 
services.


Sec.  1.1850  Program accessibility: Existing facilities.

    (a) General. Except as otherwise provided in this paragraph, the 
Commission shall operate each program or activity so that the program 
or activity, when viewed in its entirety, is readily accessible to and 
usable by individuals with disabilities. This paragraph does not--
    (1) Necessarily require the Commission to make each of its existing 
facilities accessible to and usable by individuals with disabilities;
    (2) Require the Commission to take any action that it can 
demonstrate would result in a fundamental alteration in the nature of a 
program or activity, or in undue financial and administrative burdens. 
In those circumstances where Commission personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the 
Commission has the burden of proving that compliance with Sec.  
1.1850(a) would result in such alteration or burdens. The decision that 
compliance would result in such alteration or burdens must be made by 
the Managing Director, in consultation with the Section 504 Officer, 
after considering all Commission resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the Commission shall take any other action that would not 
result in such an alteration or such burdens but would nevertheless 
ensure that individuals with disabilities receive the benefits and 
services of the program or activity.
    (b) Methods. The Commission may comply with the requirements of 
this section through such means as the redesign of equipment, 
reassignment of services to accessible buildings, assignment of aides 
to beneficiaries, home visits, delivery of services at alternate 
accessible sites, alteration of existing facilities and construction of 
new facilities, or any other methods that result in making its programs 
or activities readily accessible to and usable by individuals with 
disabilities. The Commission is not required to make structural changes 
in existing facilities where other methods are effective in achieving 
compliance with this section. The Commission, in making alterations to 
existing buildings, shall meet accessibility requirements to the extent 
compelled by the Architectural Barriers Act of 1968, as amended (42 
U.S.C. 4151-4157), and any regulations implementing it. In choosing 
among available methods for meeting the requirements of this section, 
the Commission shall give priority to those methods that offer programs 
and activities to qualified individuals with disabilities in the most 
integrated setting appropriate.
    (c) Time period for compliance. The Commission shall comply with 
the obligations established under this section within sixty (60) days 
of the effective date of this subpart, except that where structural 
changes in facilities are undertaken, such changes shall be made within 
three (3) years of the effective date of this part.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
Commission shall develop, within six (6) months of the effective date 
of this subpart, a transition plan setting forth the steps necessary to 
complete such changes. The Commission shall provide an opportunity to 
interested persons, including individuals with disabilities or 
organizations representing individuals with disabilities, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transitional plan shall 
be made available for public inspection. The plan shall, at a minimum--

[[Page 22319]]

    (1) Identify physical obstacles in the Commission's facilities that 
limit the accessibility of its programs or activities to individuals 
with disabilities;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one (1) year, identify steps that will be taken 
during each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.


Sec.  1.1851  Building accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the Commission shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with disabilities. The definitions, requirements and 
standards of the Architectural Barriers Act, 42 U.S.C. 4151-4157, as 
established in 41 CFR 101-19.600 to 101-19.607, apply to buildings 
covered by this section.


Sec.  1.1870  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
disability in programs or activities conducted by the Commission.
    (b) The Commission shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1614 pursuant to section 501 of the Rehabilitation Act of 1973, 29 
U.S.C. 791.
    (c) Complaints alleging violation of section 504 with respect to 
the Commission's programs and activities shall be addressed to the 
Managing Director and filed with the Office of the Secretary, Federal 
Communications Commission, 445 12th Street, SW., Room TWB-204, 
Washington, DC 20554.
    (d) Acceptance of complaint. (1) The Commission shall accept and 
investigate all complete complaints, as defined in Sec.  1.1803 of this 
part, for which it has jurisdiction. All such complaints must be filed 
within one-hundred eighty (180) days of the alleged act of 
discrimination. The Commission may extend this time period for good 
cause.
    (2) If the Commission receives a complaint that is not complete as 
defined in Sec.  1.1803 of this part, the complainant will be notified 
within thirty (30) days of receipt of the incomplete complaint that 
additional information is needed. If the complainant fails to complete 
the complaint within thirty (30) days of receipt of this notice, the 
Commission shall dismiss the complaint without prejudice.
    (e) If the Commission receives a complaint over which it does not 
have jurisdiction, it shall promptly notify the complainant and shall 
make reasonable efforts to refer the complaint to the appropriate 
government entity.
    (f) The Commission shall notify the Architectural and 
Transportation Barriers Compliance Board upon receipt of any complaint 
alleging that a building or facility that is subject to the 
Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151-4157, is 
not readily accessible to and usable by individuals with disabilities.
    (g) Within one-hundred eighty (180) days of the receipt of a 
complete complaint, as defined in Sec.  1.1803, for which it has 
jurisdiction, the Commission shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found; and
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within ninety (90) days of 
receipt from the Commission of the letter required by Sec.  1.1870(g). 
The Commission may extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the Office of 
the Secretary, Federal Communications Commission, 445 12th Street, SW., 
Room TWB-204, Washington, DC 20554.
    (j) The Commission shall notify the complainant of the results of 
the appeal within sixty (60) days of the receipt of the appeal request. 
If the Commission determines that it needs additional information from 
the complainant, and requests such information, the Commission shall 
have sixty (60) days from the date it receives the additional 
information to make its determination on the appeal.
    (k) The time limits cited in (g) and (j) of this section may be 
extended with the permission of the General Counsel.
    (l) The Commission may delegate its authority for conducting 
complaint investigations to other federal agencies, except that the 
authority for making the final determination may not be delegated to 
another agency.

[FR Doc. 03-10284 Filed 4-25-03; 8:45 am]
BILLING CODE 6712-01-U