[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Notices]
[Pages 4218-4220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1166]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 03-123; DA 07-5009]


The Consumer & Governmental Affairs Bureau Reports on the First 
Triennial Review of the Commission's Policies and Practices Under 
Section 504 of the Rehabilitation Act of 1973

AGENCY: Federal Communications Commission.

[[Page 4219]]


ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this document, the Consumer & Governmental Affairs Bureau 
(Bureau) reports on its review of the Commission's policies and 
practices under section 504 of the Rehabilitation Act of 1973. The 
Commission's rules mandate that it conduct a review of its current 
policies and practices in view of advances in relevant technology and 
achievability every three years. The report concludes that during the 
past three years, the Commission has successfully provided access to 
its programs and activities for people with disabilities in accordance 
with section 504 of the Rehabilitation Act.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington DC 20554.

FOR FURTHER INFORMATION CONTACT: Diane Mason, Consumer & Governmental 
Affairs Bureau, Disability Rights Office at (202) 418-7126 (voice), 
(202) 418-7828 (TTY), or e-mail [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
document DA 07-5009, released December 17, 2007, in CG Docket No. 03-
123. A copy of document DA 07-5009 will be available for public 
inspection and copying during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street, SW., Room 
CY-A257, Washington, DC 20554, (202) 418-0270. Document DA 07-5009 also 
may be purchased from the Commission's duplicating contractor at its 
Web site, http://www.bcpiweb.com, or by calling (800) 378-3160. 
Document DA 07-5009 also may be found by searching the Commission's 
Electronic Comment Filing System at http://www.fcc.gov/cgb/ecfs (insert 
CG Docket No. 03-123 into the Proceeding block).
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer & Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Synopsis

    Pursuant to 47 CFR 1.1810, every three years the Commission must 
undertake a self-evaluation of its compliance with section 504 of the 
Rehabilitation Act of 1973, 29 U.S.C. 794. The year 2007 marked the end 
of the first triennium. The Bureau releases this report accordingly, 
which reviews disability access services provided during the past three 
years, considers comments from consumers served, and replies to the 
single filing submitted in response to the Public Notice seeking 
comment on the Commission's section 504 policies and practices, The 
Consumer & Governmental Affairs Bureau Seeks Comment on the 
Commission's Policies and Practices Under Section 504 of the 
Rehabilitation Act of 1973, CG Docket No. 03-123, DA 07-1396, published 
at 72 FR 19502, April 18, 2007. The report concludes that during the 
past three years, the Commission has successfully provided access to 
its programs and activities for persons with disabilities in accordance 
with section 504 of the Rehabilitation Act.

Background

    By way of background, section 504 of the Rehabilitation Act 
prohibits discrimination against persons with disabilities under any 
program or activity receiving federal funds. In 1978, the Act was 
amended to include any program or activity conducted by an Executive 
Branch agency or the United States Postal Service. The 1978 amendments 
also required covered agencies to establish regulations to implement 
section 504's mandates. In 2003, the Commission released an order 
amending its section 504 rules, 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 (2003 
Section 504 Order), published at 68 FR 22315, April 28, 2003. These 
amendments updated terminology to be consistent with current statutory 
language, supplied specifications for filing in alternative formats, 
outlined procedures for requesting reasonable accommodations, and 
established a triennial self-evaluation.
    Concurrent with the release of the 2003 Section 504 Order, the 
Commission also produced and distributed the Federal Communications 
Commission Section 504 Programs and Activities Accessibility Handbook 
(Section 504 Handbook). Since the Section 504 Handbook functions as a 
centralized source for both disability information and accessibility 
best practices, it was also made available to the public via the 
Commission's Web site, at: http://www.fcc.gov/cgb/dro/section_504.html. Paper copies were supplied upon request.
    In order to ensure that consumers with disabilities know how to 
request the access services they need, instructions for requesting 
reasonable accommodations are included on the Commission Web site, in 
most public documents, and in all consumer fact sheets and advisories. 
Requests for services are generally received via the Commission's 
FCC504 mailbox ([email protected]), the Disability Access telephone line 
(both voice and TTY), or by direct contact with the Commission's 
Section 504 Officer.
    The report examines the access services provided by the Commission 
in the following eight forms from July 2004 through June 2007: sign 
language interpreting; captioning; CART (Computer Assisted Realtime 
Translation); re-voicing; Braille; large print; electronic formats 
(e.g., text, PDF); and audio (e.g., MP3 files, CDs). For each form of 
accommodation, the Commission attempts to acquire the best services 
available under the circumstances. When the Commission has received 
consumer reports of dissatisfaction with service providers (e.g., 
regarding turnaround times for Braille documents, sign language 
interpreters who have difficulty understanding specific deaf 
consumers), it has been able to work with the consumers to make sure 
that their preferences are noted when subsequent requests for 
accommodations are made. Overall, consumer feedback has been positive. 
The report concludes that the Commission does not need to modify its 
accessibility policies and practices at this time, but will continue to 
address specific accessibility issues as they arise.
    Sorenson Communications, Inc. (Sorenson) filed comments on May 22, 
2007, focusing on Video Relay Service (VRS) access issues. Sorenson 
notes that the Commission's public videophone located near the 
Commission Meeting Room on the TW level of the Portals II Building 
``appears to be dedicated to Federal Relay.'' Sorenson asserts that 
``[t]he Commission's current practice of restricting on-premises 
callers to Federal Relay denies those callers the full access 
mandated'' by section 504. Contrary to Sorenson's assertion, the 
Commission's public videophone does not require callers to use Federal 
Relay Service. Calls can be made peer-to-peer or through any VRS 
provider.
    Sorenson also recommends that the information about VRS in the 
Commission's Section 504 Handbook be updated to reflect changes in the 
services offered through VRS providers--specifically, that VRS calls 
may now be initiated by hearing callers and that ASL-to-Spanish VRS 
services are available. These changes will be reflected in the next 
edition of the Section 504 Handbook.


[[Page 4220]]


Federal Communications Commission.
Nicole McGinnis,
Deputy Bureau Chief, Consumer & Governmental Affairs Bureau.
 [FR Doc. E8-1166 Filed 1-23-08; 8:45 am]
BILLING CODE 6712-01-P