# Presentation: 656904

## Telecommunications and Electronic and Information Technology Advisory Committee“TEITAC” Update and Revisions

- Electronic and Information Technology Accessibility Standards
- Telecommunications Act Accessibility Guidelines

## Overview

**Telecommunications Act of 1996****47 U.S.C. §255**
- “Section 255”
**Section 508 of the Rehabilitation Act of 1973, as amended ****29 U.S.C. § 794 (d)**
- “Section 508”

## Access Board Role:

- Draft technical standards for §508:
- Electronic and Information Technology Accessibility Standards (“§508 Standards”)
- Draft technical guidelines for §255:
- Telecommunications Act Accessibility Guidelines (“§255 Guidelines”)

## Access Board Revisions of Standards and Guidelines 

- Rulemaking Process provides for periodic review and “refresh” of:
- Electronic and Information Technology Accessibility Standards (“§508 Standards”)
- And
- Telecommunications Act Accessibility Guidelines (“§255 Guidelines”)

**Notes:**
The Access Board shall periodically review and, as appropriate, amend the standards to reflect technological advances or changes in electronic and information technology (section 508)

The Board shall review and update the Telecommunications Act Accessibility Guidelines periodically (section 255)

## Differences Between the ADA, §504, §508, and §255

**ADA and ****§****504 **- do not directly regulate the design of technology and are primarily focused on the “individual”.
**§****508** - requires Federal entities to **develop**, **procure, and maintain***** ***accessible E&IT and is primarily focused on the “technology environment” available to anyone (employee or consumer) of government services.
**§****255** - requires **Telecommunication** manufacturers and service provider to **provide***** ***accessible products and services.

**Notes:**
Slide 17
Title: Differences Between the ADA, §504, §508, and §255
ADA and §504 - do not directly regulate access to technology and are primarily focused on the “individual”. 
§508 - requires Federal entities to develop, procure, and maintain accessible E&IT and is primarily focused on the “technology environment” available to anyone (employee or consumer) of government services.
§255 - requires Telecommunication manufacturers and service providers to provide accessible products and services.
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Say

We are discussing  these laws as they deal with accessible technology and telecommunications. 
Section 508 takes a much different approach than the ADA. It requires that the Federal government and other Federal entities buy and use accessible E & IT. As we will discuss later, this law has created a demand for accessible products such as software to create accessible web pages.
Section 255 for the first time requires manufacturers to make many of their telecommunications products accessible.

The ADA and Section 504 focus on providing accommodations to the individual.  They do not directly regulate access to technology.  If the technology is used to carry out a program of activity, it must be accessible, but otherwise the ADA and Section 504 do not address technology. 

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notes

## Electronic and Information Technology

- Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), requires that:
- Federal employees with disabilities, and members of the public with disabilities seeking information or services, have access to and use of information and data that is comparable to the access and use by persons who are not individuals with disabilities, unless...
- Standard:
-  ....an “Undue Burden” would be imposed on the agency.

## Telecommunications Act

- Manufacturers and service providers must ensure that products are "designed, developed, and fabricated to be accessible to and usable by individuals with disabilities" or
- “...ensure that [products or services are] **compatible** with [AT] commonly used by individuals with disabilities to achieve access...”
- Standard:
- When it is “Readily Achievable” to do so

## Section 255 of the Telecommunications Act  Overview

**Notes:**
slide
Title: Technology Access for All, Presented by ITTATC
Name of training venue, location, date of training
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say
Welcome to the training we are calling Technology Access All. We are here on behalf of ITTATC or the Information Technology Technical Assistance and Training Center. The Center is funded by the National Institute on Disability and Rehabilitation Research (NIDRR). We will talk today about accessible electronic and information technology and telecommunications—from computers to digital wireless phones. Let me introduce myself.
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notes
If you haven’t been introduced yet, introduce yourself. Provide any relevant background you may have on this subject. If you are not an expert on this topic, you should not feel that you need to identify yourself as an expert. Resources are available as a part of the materials available to trainees. 
Make a very brief statement about the topic of this presentation and, if necessary, provide a statement about the context for the overall meeting or conference this is a part of. 
For example, “As an important aspect of ‘Protecting Your Rights: Disability Advocacy in Action’, access to information technology is the focus of this workshop.”

The basic thrust of this training and its accompanying handout, “Speak Out”, is to empower consumers with tools and processes to assert their rights and make complaints so demand for accessible technology is evident.  Here are some of the reasons why most people don’t complain:
People just don't like it when someone gets mad at them. 
People get so mad they are afraid they are going to hurt someone, so they keep it inside to protect the other person as well as themselves.
People think it will be a waste of time.
People feel like it is too much effort.
People believe that other people will do the complaining and take care of it. 
People from other cultures believe to complain is disrespectful.

## The Purpose of Section 255

- “...to ensure that people with disabilities have ***access to telecommunications services and related equipment***...*”*
**Source: Federal Register Nov. 19, 1999 p. 63235**

**Notes:**
Slide 19
Title: The purpose of Section 255 is to 
“...to ensure that people with disabilities have access to telecommunications services and related equipment...”
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say
(read slide)

This is the stated reason for the law. 
This includes phones, telephone companies, long distance carriers, etc.
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notes

## What does Section 255 require?

**Manufacturers** and **service providers** must:
- make their products and services accessible.
- “...ensure that [products or services are] **compatible** with [AT] commonly used by individuals with disabilities to achieve access...”

**Notes:**
Slide 20
Title: What does Section 255 Require?
Manufacturers and service providers must 
make their products and services accessible.
“...ensure that [products or services are] compatible with [AT] commonly used by individuals with disabilities to achieve access...”
[information icon graphic]
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Say
(read slide)
Manufacturers and service providers must make their products and services accessible.  Examples of accessible telecommunications products and services include landline (plugged in to the wall) telephones and analog telephone service.  
Manufacturers and service providers must “...ensure that [products or services are] compatible with [AT] commonly used by individuals with disabilities to achieve access...” 
[this applies to:  “Providers or Manufacturers of voicemail and interactive menu services and equipment.”]
If manufacturers and service providers cannot make their products and services accessible then they must make them work with the assistive technology (AT) used by people with disabilities. Assistive technology includes items such as hearing aids and text telephones.
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notes
T the “readily achievable” standard imposes a very low level of requirements on a manufacturer or service provider.  Manufacturers may refuse to make an accessible product because it is not “readily achievable”– it is too expensive, or it would change the nature of the product. 
This is not a very strong standard—as a result, it is difficult to require accessible telecommunications across all types of technology.  

## § 255 General Requirements

***Provide equipment*** that is accessible
***Include representation*** from people with disabilities in the processes of Product Design, Development, and Evaluation

**Notes:**
Slide 21
Title: 255 General Requirements
Provide equipment that is accessible (according to the guidelines) where readily achievable.
Include representation from people with disabilities in the processes of Product Design, Development, and Evaluation
[Slide has a photograph of a TTY]
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say
(read slide)
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notes
Remind audience about technical assistance from ITTATC. See also the Office of Consumer Affairs at the FCC, www.fcc.gov/cgb/dro

## Cell Phone:  How Accessible ?

## Section 508 of the Rehabilitation  Act  Overview

**Notes:**
slide
Title: Technology Access for All, Presented by ITTATC
Name of training venue, location, date of training
---------------------------------------------------------------------
say
Welcome to the training we are calling Technology Access All. We are here on behalf of ITTATC or the Information Technology Technical Assistance and Training Center. The Center is funded by the National Institute on Disability and Rehabilitation Research (NIDRR). We will talk today about accessible electronic and information technology and telecommunications—from computers to digital wireless phones. Let me introduce myself.
---------------------------------------------------------------------
notes
If you haven’t been introduced yet, introduce yourself. Provide any relevant background you may have on this subject. If you are not an expert on this topic, you should not feel that you need to identify yourself as an expert. Resources are available as a part of the materials available to trainees. 
Make a very brief statement about the topic of this presentation and, if necessary, provide a statement about the context for the overall meeting or conference this is a part of. 
For example, “As an important aspect of ‘Protecting Your Rights: Disability Advocacy in Action’, access to information technology is the focus of this workshop.”

The basic thrust of this training and its accompanying handout, “Speak Out”, is to empower consumers with tools and processes to assert their rights and make complaints so demand for accessible technology is evident.  Here are some of the reasons why most people don’t complain:
People just don't like it when someone gets mad at them. 
People get so mad they are afraid they are going to hurt someone, so they keep it inside to protect the other person as well as themselves.
People think it will be a waste of time.
People feel like it is too much effort.
People believe that other people will do the complaining and take care of it. 
People from other cultures believe to complain is disrespectful.

## Rehab Act § 508 requires:

- Federal agencies
- develop, lease and purchase only accessible E&IT
- through procurement process
- Enforcement mechanisms
- Complaint Process
- Legal Action

**Notes:**
Slide 24
Title: Rehab Act Section 508 requires:
federal agencies to 
develop, lease and purchase only accessible E&IT 
[This is accomplished] through the procurement process. 
Enforcement mechanisms  
complaint process 
legal action.
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say
(read slide)
Section 508 applies to technology purchased after June 21, 2001.
Legal action on this slide refers to a private right of action (which means you can sue)
Remember there is more complete information about Sections 508 and 255 on-line.
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notes
Once again, you can move through the slides fairly quickly if you feel the information is too detailed for the group.

## Who Must Comply With§ 508?

**Section 508 (a)(1)(A)**

- Each Federal Department and Agency
- United States Postal Service
- When procuring, developing, maintaining, or using E&IT

**Notes:**
Slide 25
Title: Who Must Comply WithSection 508?
Each Federal Department and Agency
United States Postal Service
When procuring, developing, maintaining, or using E&IT
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say
(read slide)
The law was written primarily so that the agencies can accommodate their own employees and members of the public but it has had a significant impact on goods and services in the marketplace.  This law has a large impact on government procurement of Electronic and Information Technology.  Information put out by Federal agencies must be accessible (for instance, federal websites).
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Notes

This law is intended to encourage manufacturers to develop accessible products.  
Because the Federal government is such a large customer for E&IT, many companies will not design two product lines, that is, they will not develop an “accessible” product to meet Federal guidelines, and then have an “inaccessible” product for the private sector. 

Because of the cost and time involved in developing products, the hope and expectation is that companies will make only one, accessible line of products.  This has proven to be true. The increased accessibility for consumers throughout the marketplace has been significant. 

If the audience asks why the Postal Service is a separate item, it is because they are not a federal agency, but a quasi-public entity run by private industry.  However, Section 508 specifies that the law applies to them as well.

## Who Benefits from § 508

- 1.	People with disabilities who interact with federal agencies.
- 2.	Federal employees with disabilities.
- 3.	All people with disabilities because accessible products for the federal market are also sold in the public marketplace.

**Notes:**
Slide 26
Title: Who Benefits from Section 508
1. People with disabilities who interact with federal agencies. 
2 .Federal employees with disabilities. 
3. All people with disabilities because accessible products for the federal market are also sold to the public market.
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say
(read slide)
A few of the changes have been: much more accessible Federal web pages, software to create web pages now has tools to build in accessibility, and awareness about accessibility among E&IT companies is much higher. 
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notes

## What Technology is Covered by §508? 

*Includes, but is not limited to...*

**Computers**

**Telecommunications**

**Office Equipment**

**Websites**

**Kiosks**

** ****Printers **

**Software**

**Notes:**
Slide 6
Title “What technology is covered by Section 508?”
Slide contains images of a personal computer, a Braille printer in a cabinet, a screen capture from a software product, a graphic of a person on the phone with a message bubble with text that says “You have 15 seconds to finish your message”, an information Kiosk. 
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say
What Technology is Covered by §508?
Include, but are not limited to...
Computers, software, firmware and peripherals such as printers (shown in the first 3 images)
Telecommunications products (telephones, faxes, 	etc.)
Information kiosks and transaction machines (ATMs)
Office equipment (copiers, fax machines, calculators)
Websites, e-mail, groupware (the image of the website has the images turned off)
Also included but not shown are 
Video equipment and multimedia products distributed on videotapes, CDs, DVDs or Internet 
Network Services 
Support services 

You have seen this information on a previous slide. Remember that this is to give you a sense of what the law covers. All of this information is available on-line, so this material is available.  

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Notes

You want the audience to be aware that you are conscious of their limited time for this presentation and you do not want to dwell too long on material which has been previously covered.  

## Access Board §508 Standards Cover--

- Technical Standards
- Functional Performance Criteria
- Information, Documentation and Support

**Notes:**
Slide 28
Title: Access Board Section 508 Standards Cover
Technical Standards
 Functional Performance Criteria
 Information, Documentation and Support
[information icon graphic]
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say
(read slide)
Companies that want to sell to the Federal government need to make their products accessible; including,
Software applications & operating systems
Web-based intranet & internet information & applications
Telecommunication products
Video & multimedia products
Self contained, closed products, and
Desktop & portable computers.  

Companies need to pay attention to the functionality of their products for people with a wide variety of disabilities.
Section 508 contains functional performance criteria relating to:
people with visual impairments
people who are deaf or hard of hearing
people with speech impairments
people with motor impairments

508 also requires that documentation, information, and support need to be in accessible formats, such as Braille and large print.
Product documentation in alternative formats
Descriptions of accessibility and compatibility features in alternative formats
Product support services in alternative communication modes 
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notes
Self contained, closed products include copier machines, fax machines, printers, calculators, and information kiosks 
 From the Rehabilitation Act, 29 U.S.C. 794d § 1194.4 Definitions.
Self Contained, Closed Products. Products that generally have embedded software and are commonly designed in such a fashion that a user cannot easily attach or install assistive technology. These products include, but are not limited to, information kiosks and information transaction machines, copiers, printers, calculators, fax machines, and other similar types of products. 

You should be aware that this list does not include people with cognitive impairments, such as those who might have processing delays when reviewing information.  Section 508 does not address their specific concerns.

There is more material in the handout.

## Why Conduct A Refresh?  

## Changed Technology: 

- iPods and Podcasting
- VoIP (Voice over Internet Protocol) Phones

## What are other countries doing?

- How can we harmonize our standards?

**Notes:**
EC, Canada, Japan, and Australia come to mind.

## Telecommunications Act “readily achievable”

- The Telecommunications Act Accessibility Guidelines apply to _manufacturers_
- A manufacturer of telecommunications equipment ...shall ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if _readily achievable_

## Electronic & Information Technology“Undue Burden”

- The Electronic and Information Technology Accessibility Standards apply to _Federal government agencies_
- When agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to Federal employees and individuals with disabilities who are members of the public seeking information or services from a Federal agency unless an _undue burden_ would be imposed on the agency

## Why an Advisory Committee?

- 508 requires consultation
- Advisory committees allow interested groups, including those representing designers, industry, and people with disabilities, to play a substantive role in the development of guidelines which are then proposed for public comment

**Notes:**
Section 508 requires the Board to consult with Departments of Education, Commerce, Defense, the General Services Administration, and the Federal Communications Commission

We must also consult with the electronic and information technology industry and public or nonprofit organizations, including organizations representing individuals with disabilities

## Federal Advisory Committee Act

- Charter:  outlines the committee's mission and specific duties
- Duration: two years
- Committees must be fairly balanced in terms of the points of view represented and the functions to be performed
- Members are selected by the head of the agency

**Notes:**
Federal Agencies Sponsoring Advisory Committees Must
Arrange meetings for reasonably accessible and convenient locations and times
Publish adequate advance notice of meetings in the Federal Register
Open advisory committee meetings to the public
Make available for public inspection, subject to the Freedom of Information Act, papers and records, including detailed minutes of each meeting
Maintain records of expenditures

## Resources on §508 and §255:

- Government:
- US Access Board: _[www.access-board.gov](http://www.access-board.gov/)_
- FCC:  _[www.FCC.gov](http://www.fcc.gov/)_
- Federally Funded:
- ITTATC (Information Technology Technical Assistance and Training Center) _[www.ittatc.org](http://www.ittatc.org/)__ _

## Questions? Future Contact

- U.S. Access Board
- 	_[www.access-board.gov](http://www.access-board.gov/)_
- Tim Creagan
- 	_[creagan@access-board.gov](mailto:creagan@access-board.gov)_
- 	202-272-0016
- Comments
- 	_[508@access-board.gov](mailto:508@access-board.gov)_  “508 Refresh”