**DA 07-1396**

**Released: March 23, 2007**

**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**

**PLEADING CYCLE ESTABLISHED**

**Comments Due: May 22, 2007**

The Consumer & Governmental Affairs Bureau (Bureau) initiates review of
the Commission's policies and practices under Section 504 of the
Rehabilitation Act of 1973 (Section 504).[^1] Pursuant to Section 1.1810
of the Commission's rules, this *Public Notice* seeks comment on the
accessibility of the Commission's programs and activities.[^2] 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.[^3]

The Commission's rules also require that the *Section 504 Handbook*[^4]
be updated at least every three years.[^5] Therefore, the Bureau further
initiates review of the *Section 504 Handbook*, which contains
procedures for releasing documents, holding meetings, receiving
comments, and for other aspects of Commission programs and activities to
achieve accessibility.[^6]

The Bureau seeks comment on the overall accessibility of the
Commission's activities and programs. This includes, but is not limited
to, the availability of sign language interpreters, physically
accessible buildings and meeting spaces, Braille documents, assistive
listening devices, Communication Access Realtime Translation (CART),
captioning, and other forms of reasonable accommodation for access to
Commission programs and activities.[^7] The Commission further seeks
comment on the procedures set forth in the *Section 504 Handbook*.

Pursuant to sections 1.415 and 1.419 of the Commission's rules,[^8]
interested parties may file comments on or before **May 22, 2007**. All
comments must reference **CG Docket No. 03-123**. Comments may be filed
using: (1) the Commission's Electronic Comment Filing System (ECFS), (2)
the Federal Government's eRulemaking Portal, or (3) by filing paper
copies. *See Electronic Filing of Documents in Rulemaking Proceedings*,
63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/>.
    Filers should follow the instructions provided on the website for
    submitting comments.

-   Paper Filers: 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, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

-   Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first-class or overnight U.S. Postal
    Service mail (although we continue to experience delays in receiving
    U.S. Postal Service mail). All filings must be addressed to the
    Commission's Secretary, Office of the Secretary, Federal
    Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail must be
    addressed to 445 12^th^ Street, SW, Washington DC 20554.

-   Pursuant to section 1.1810(b) of the Commission's rules, "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."[^9]

A copy of this document and any subsequently filed documents in this
matter will be available during regular business hours at the FCC
Reference Center, Portals II, 445 12^th^ Street, SW, Room CY-A257,
Washington, DC 20554, (202) 418-0270. This document and any subsequently
filed documents in this matter may also be purchased from the
Commission's duplicating contractor at their website,
[www.bcpiweb.com](http://www.bcpiweb.com/), or by calling
1-800-378-3160. A copy of the submission may also be found by searching
on the Commission's Electronic Comment Filing System (ECFS) 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 <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>.

For further information, please contact Diane Mason, Consumer &
Governmental Affairs Bureau, Disability Rights Office, at (202) 418-7126
(voice), (202) 418-7828 (TTY), or e-mail at <Diane.Mason@fcc.gov>.

**-FCC-**

**APPENDIX A**

**47 C.F.R. § 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.

**Appendix B**

**47 C.F.R. § 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 website. The
Section 504 Handbook shall contain procedures for releasing documents,
holding meeting, 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.

[^1]: *See* 29 U.S.C. § 794.

[^2]: 47 C.F.R. § 1.1810.

[^3]: *Id.*

[^4]: *See Federal Communications Commission Section 504 Programs &
    Activities Accessibility Handbook* (*Section 504 Handbook*). The
    *Section 504 Handbook* is available in Word, PDF, Text, HTML and
    Braille at <http://www.fcc.gov/cgb/dro/section_504.html>.

[^5]: *See* 47 C.F.R. § 1.1805*.*

[^6]: *Id.*

[^7]: *See Section 504 Handbook at 2*.

[^8]: 47 C.F.R. §§ 1.415, 1.419.

[^9]: 47 C.F.R. § 1.1810(b).