**DA 07-5009**

**Released: December 17, 2007**

**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**

**CG Docket No. 03-123**

**Summary**

The Federal Communications Commission (Commission) has long been
committed to ensuring that persons with disabilities have full access to
its programs and activities. To ensure that such accessibility remains a
priority, the Commission's rules implementing section 504 of the
Rehabilitation Act of 1973[^1] require that the Commission undertake a
self-evaluation every three years.[^2] This year, 2007, marks the end of
the first triennium. The Consumer & Governmental Affairs Bureau (Bureau)
accordingly releases this Public Notice to report on compliance with the
section 504 rules.

This Public Notice 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.[^3] 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.

**Background**

Section 504 of the Rehabilitation Act prohibits discrimination against
persons with disabilities under any program or activity receiving
federal funds.[^4] In 1978, the Act was amended to include any program
or activity conducted by an Executive Branch agency or the United States
Postal Service.[^5] The 1978 amendments also required covered agencies
to establish regulations to implement section 504's mandates.[^6] As a
result, the Commission subsequently released an order adopting, with
minor modifications, the Department of Justice's prototype regulations
for implementing and enforcing section 504.[^7]

On March 12, 2003, the Commission released an order amending its section
504 rules.[^8] 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)*. The *Section 504 Handbook* provides disability
awareness and accessibility guidance for Commission staff. 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 website.[^9] Paper
copies were supplied upon request.

On March 23, 2007, the Bureau released a Public Notice seeking comment
on the Commission's policies and practices under section 504 of the
Rehabilitation Act. The Bureau received one comment in response to the
Public Notice from Sorenson Communications, Inc. (Sorenson).

**Analysis**

The Commission makes every effort to be as responsive as possible to
requests for accommodation from individuals with disabilities, and we
have reviewed these efforts for the three-year period from July 2004
through June 2007. We have examined the access services we have provided
in the following forms:

-   Sign language interpreting

-   Captioning

-   CART (Computer Assisted Realtime Translation)

-   Re-voicing

-   Braille

-   Large print

-   Electronic formats (text, MSWord, pdf)

-   Audio (MP3 files, CDs, cassette tapes).

These services are supplied by a variety of means. Some services are
provided through in-house resources and others through external
contracts. For each form of accommodation, the Commission attempts to
acquire the best services available under the circumstances.

When we have 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), we have 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.
We conclude that we do not need to modify our accessibility policies and
practices at this time, but will continue to address specific
accessibility issues as they arise.

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 website, in most public
documents, and in all consumer fact sheets and advisories. Requests for
services are generally received via the Commission's FCC504 mailbox
(FCC504@fcc.gov), the Disability Access telephone line (both voice and
TTY), or by direct contact with the Commission's Section 504 Officer.

**Response to Public Notice**

Sorenson focused its comments 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."[^10] 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."[^11] Contrary to Sorenson's assertion,
we clarify that the Commission's public videophone does not require
callers to use Federal Relay Service. Calls can be made
peer-to-peer[^12] 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.[^13]
These changes will be reflected in the next edition of the *Section 504
Handbook*.

\* \* \* \* \*

The full text of this document is 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. Copies may be purchased by contacting the FCC's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
SW, Room CY-B402, Washington D.C. 20554, telephone 1-800-378-3160,
facsimile 202-488-5563, or via e-mail [www.bcpiweb.com]{.underline}.

To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an e-mail
to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
(202) 418-0530 (voice), (202) 418-0432 (TTY). This document can also be
downloaded in Word and Portable Document Format (PDF) at:
http://www.fcc.gov/cgb/dro.

Consumer and Governmental Affairs Bureau Contact: Diane Mason (202)
418-7126 (voice), (202) 418-7828 (TTY); e-mail Diane.Mason@fcc.gov.

[^1]: *See* 47 C.F.R. §§ 1.1801-1.1851; *see generally* 29 U.S.C. § 794
    (section 504 of the Rehabilitation Act of 1973 (Rehabilitation
    Act)), as amended by the *Rehabilitation Act Amendments of 1974*,
    Pub.L. 93-516, 88 Stat. 1617, the *Rehabilitation, Comprehensive
    Services, and Developmental Disabilities Amendments of 1978*, Pub.L.
    95-602, 92 Stat. 2955, and *the Rehabilitation Act Amendments of
    1986*, *§ 103(d),* Pub.L. 99-506, 100 Stat. 1810.

[^2]: 47 C.F.R. § 1.1810.

[^3]: *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,
    Public Notice (March 23, 2007) (*Public Notice*).

[^4]: 29 U.S.C. § 794.

[^5]: *See* note 1, *supra.*

[^6]: The legislative history of the 1978 amendments indicates that
    Congress intended section 504 requirements to apply to all federal
    agencies, including independent regulatory agencies such as the FCC.
    *See 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.
    § 794,* Gen. Docket No. 84-533, Report and Order, 2 FCC Rcd 2199, at
    para. 2 (April 15, 1987) (*Section 504 Report and Order*).

[^7]: *See* *Section 504 Report and Order*.

[^8]: *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, Order, 18 FCC Rcd
    4034 (March 12, 2003) (*2003 Section 504 Order*).

[^9]: *See* http://www.fcc.gov/cgb/dro/section_504.html.

[^10]: Sorenson Communications, Inc. (Sorenson) Comments (May 22, 2007)
    at 2.

[^11]: *Id*. at 3.

[^12]: Peer-to-peer calls refer to videophone-to-videophone calls, and
    are not relay calls.

[^13]: Sorenson Comments at 5.