*Pages 1--148 from Microsoft Word - 25989.doc* Federal Communications Commission FCC 03- 48 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of 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 ) ) ) ) ) ) ORDER Adopted: March 4, 2003 Released: March 12, 2003 By the Commission: Chairman Powell, 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 As originally enacted, Section 504 of the Rehabilitation Act of 1973 prohibited discrimination against individuals with disabilities under any “program or activity” receiving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. 2. By this Order, we amend Part 1, Subpart N of our rules, entitled “Enforcement of Non- 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, § 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. § 794, Gen. Docket No. 84- 533, Report and Order, 2 FCC Rcd 2199 (1987)( Report and Order). 3 See Report and Order at 2199, ¶ 2. 1 Federal Communications Commission FCC 03- 48 2 discrimination on the Basis of Handicap in Programs or Activities Conducted by the Federal Communications Commission,” 47 C. F. R. 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 sections 1.1803 and 1.1810 to specify filing and signature formats for persons with disabilities who wish to file using alternative media. We add a new section 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. 3. In addition, we amend section 1.1803 to define the term “programs or activities” as that term is used in Subpart N. We amend section 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 section 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 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 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, sec. 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. 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. 7 5 U. S. C. § 553( b)( 3)( A). 2 Federal Communications Commission FCC 03- 48 3 immediately upon publication in the Federal Register. 8 5. Accordingly, IT IS ORDERED that, pursuant to Section 5 of the 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 upon publication in the Federal Register. 6. FEDERAL COMMUNICATIONS COMMISSION 7. Marlene H. Dortch Secretary 8 See 5 U. S. C. § 553( d). 3 Federal Communications Commission FCC 03- 48 8. APPENDIX A 9. FINAL RULE AMENDMENTS 10. Part 1 of Title 47 of the Code of Federal Regulations is amended as follows: 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 USC 794. 2) Part 1 Subpart N is amended to read as follows: 11. SUBPART N-- ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL COMMUNICATIONS COMMISSION § 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. § 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. § 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 4 Federal Communications Commission FCC 03- 48 2 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 C. F. R. § 0.11. 5 Federal Communications Commission FCC 03- 48 3 “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 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 C. F. R. § 1630.2( m), which is made applicable to this part by § 1.1840. “Section 504” means section 504 of 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, sec. 103( d), Pub. L. 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. § 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. § 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. 6 Federal Communications Commission FCC 03- 48 4 (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. § 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. § 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; 7 Federal Communications Commission FCC 03- 48 5 (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 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. 8 Federal Communications Commission FCC 03- 48 6 (d) The Commission shall administer programs and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. § 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 C. F. R. 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. § 1.1849 Program accessibility: Discrimination prohibited. (a) Except as otherwise provided in § 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. § 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 § 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 9 Federal Communications Commission FCC 03- 48 7 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-- (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; (4) Indicate the official responsible for implementation of the plan. § 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 C. F. R. §§ 101- 19. 600 to 101- 19.607, apply to buildings covered by this section. § 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. 10 Federal Communications Commission FCC 03- 48 8 (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 C. F. R. 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 section 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 section 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 section 1.1803 of this part, 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 § 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 11 Federal Communications Commission FCC 03- 48 9 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. 12 Federal Communications Commission FCC 03- 48 APPENDIX B 12. 13 Section 504 Programs & Activities Accessibility Handbook Federal Communications Commission · Consumer & Governmental Affairs Bureau 445 12th St. S. W. · Washington, DC 20554 1- 888- CALL- FCC (1- 888- 225- 5322) · TTY: 1- 888- TELL- FCC (1- 888- 835- 5322) www. fcc. gov/ cgb/ Federal Communications Commission 14 Winter 2003 Page i Section 504 Handbook TABLE OF CONTENTS I. INTRODUCTION 1. SECTION 504 HANDBOOK.................................................................................................................. 2 2. BASIC PRINCIPLES OF ACCESS ........................................................................................................ 3 3. SECTION 504 OF THE REHABILITATION ACT ............................................................................... 4 4. DISABILITY RIGHTS MOVEMENT.................................................................................................... 5 1. TYPES OF ACCESS REQUESTED....................................................................................................... 8 Access for people with mobility impairments ................................................................................. 8 Access for people who are blind or have low vision ....................................................................... 8 Access for people who are deaf or hard of hearing.......................................................................... 9 Access for people with speech disabilities..................................................................................... 10 Access for people with other disabilities ....................................................................................... 11 2. CONSIDERATIONS FOR PHYSICAL ACCESS................................................................................ 12 Buildings / Rooms / Hallways ....................................................................................................... 12 3. CONSIDERATIONS FOR INFORMATION ACCESS ....................................................................... 12 Forms / Public information / Complaints / Media, etc................................................................... 13 4. CONSIDERATIONS FOR STAFF ACTIVITIES ................................................................................ 15 Office parties / Holiday celebrations / Federally recognized employee organizations / etc. ......... 15 5. CONSIDERATIONS FOR SAFETY.................................................................................................... 16 Building Evacuation ...................................................................................................................... 16 Security Issues ............................................................................................................................... 16 6. CONSIDERATIONS FOR CONTRACTING AND ACQUISITIONS................................................ 18 Contracting / Acquisitions / Services / Equipment, etc. ................................................................ 18 1. INTERNAL FCC MEETINGS.............................................................................................................. 21 15 Winter 2003 Page ii Section 504 Handbook If your meeting is open to all FCC staff…..................................................................................... 21 AND is scheduled in the Commission Meeting Room… ................................................. 21 If your meeting is open to all FCC staff…..................................................................................... 22 AND is scheduled for a location other than the Commission Meeting Room.................. 22 If your meeting is for a limited FCC audience… (division meeting, internal task force, committee, etc.)................................................................................................................. 23 AND you know the attendees ........................................................................................... 23 AND you DON’T know the attendees.............................................................................. 23 If your meeting requires pre- registration… ................................................................................... 24 2. MEETINGS WITH NON- FCC ATTENDEES ..................................................................................... 25 If your meeting is a Commission Open Meeting… ....................................................................... 25 If your meeting is a public meeting with no pre- registration required… ...................................... 26 If your meeting is open to a limited public audience…................................................................. 27 AND you know the attendees ........................................................................................... 27 AND you DON’T know the attendees.............................................................................. 27 If your meeting focuses on issues you expect to be of interest to people with disabilities… ..................................................................................................................... 28 If your meeting requires pre- registration… ................................................................................... 30 3. DISSEMINATING NEWS RELEASES, PUBLIC NOTICES, TEXTS, AND OTHER DOCUMENTS............................................................................................................................... 32 4. HOSTING ACCESSIBLE MEETINGS AND EVENTS...................................................................... 33 Opening announcements................................................................................................................ 33 Meeting moderators ....................................................................................................................... 33 Audio and visual media ................................................................................................................. 35 Presenters with printed handouts or audio/ visual media…............................................... 36 AND people with disabilities are expected.......................................................... 36 Presenters with printed handouts or audio/ visual media…............................................... 37 AND it is unknown if people with disabilities will attend…............................... 37 If you are invited to speak at a non- FCC event….......................................................................... 38 AND have handouts or audio/ visual presentations… ....................................................... 38 If the hosts HAVE MADE ARRANGEMENTS for accommodations… ........... 38 If the hosts HAVE NOT MADE ARRANGEMENTS for accommodations or do not know if people with disabilities plan to attend… .............................................................................................. 38 5. AUDIO- VISUAL MEDIA PRODUCED OR OWNED BY THE COMMISSION.............................. 40 16 Winter 2003 Page iii Section 504 Handbook Video formats (Videotape, CD, DVD, etc.)................................................................................... 40 Captioning......................................................................................................................... 40 Video description.............................................................................................................. 40 Audio recordings............................................................................................................................ 40 To arrange for captioning or video description or to discuss your media options…..................... 40 6. TRAINING ............................................................................................................................................ 41 FCC Training ................................................................................................................................. 41 FCC University .............................................................................................................................. 41 FCC Contracted training ................................................................................................................ 42 External training ............................................................................................................................ 42 1. REASONABLE ACCOMMODATION REQUESTS........................................................................... 45 If you receive a request for reasonable accommodations… .......................................................... 45 2. FCC504@ FCC. GOV............................................................................................................................. 47 Purpose 47 Who checks this mailbox? ............................................................................................................. 47 3. TTY ACCESS........................................................................................................................................ 48 Distribution of TTYs within the Commission – Minimum standards ........................................... 48 TTY Telephone numbers ............................................................................................................... 48 TTY Assistance.............................................................................................................................. 48 Telecommunications Relay Service (TRS).................................................................................... 49 TTY calls .......................................................................................................................... 49 VCO (Voice Carry Over).................................................................................................. 49 HCO (Hearing Carry Over) .............................................................................................. 50 STS (Speech to Speech).................................................................................................... 50 IP Relay............................................................................................................................. 50 VRS (Video Relay Service) .............................................................................................. 50 Spanish Relay Service ...................................................................................................... 51 4. DOCUMENTS SUBMITTED IN ALTERNATE FORMATS ............................................................. 52 Where should they be sent? ........................................................................................................... 52 5. CREATING IN- HOUSE TRANSCRIPTS FROM AUDIO RECORDINGS ....................................... 53 Why transcribe audio recordings? ................................................................................................. 53 17 Winter 2003 Page iv Section 504 Handbook Who coordinates the transcription process?................................................................................... 53 What types of audio recordings are accepted for transcription? .................................................... 53 Who should create the transcripts? ................................................................................................ 54 Transcription process ..................................................................................................................... 54 Transcript review ........................................................................................................................... 55 Transcript format ........................................................................................................................... 55 Final disposition............................................................................................................................. 55 6. CREATING IN- HOUSE WRITTEN TRANSCRIPTS FROM BRAILLE........................................... 56 Why transcribe braille? .................................................................................................................. 56 Who coordinates the transcription process?................................................................................... 56 What types of braille are accepted for transcription?..................................................................... 56 Who should create the transcripts? ................................................................................................ 56 Transcription process ..................................................................................................................... 57 Transcript review ........................................................................................................................... 57 Transcript format ........................................................................................................................... 57 Final disposition............................................................................................................................. 58 7. CREATING IN- HOUSE TRANSCRIPTS FROM SIGN LANGUAGE VIDEO-RECORDINGS.............................................................................................................................. 59 Why transcribe sign language video recordings? .......................................................................... 59 Who coordinates the translation / transcription process?............................................................... 59 What visual presentations will be accepted for translation? .......................................................... 59 Who should create the transcripts? ................................................................................................ 59 Transcription process ..................................................................................................................... 60 Translation process ........................................................................................................................ 60 Translation review ......................................................................................................................... 62 Translation format.......................................................................................................................... 62 Final disposition............................................................................................................................. 62 18 Winter 2003 Page v Section 504 Handbook 1. DISABILITY RIGHTS LAWS ............................................................................................................. 64 Rehabilitation Act, Section 504 ..................................................................................................... 64 Rehabilitation Act .......................................................................................................................... 66 Section 501 ....................................................................................................................... 66 Section 503 ....................................................................................................................... 66 Section 508 ....................................................................................................................... 66 Americans with Disabilities Act (ADA)........................................................................................ 67 ADA Title I: Employment ................................................................................................ 67 ADA Title II: State and Local Government Activities ..................................................... 67 ADA Title II: Public Transportation................................................................................. 68 ADA Title III: Public Accommodations........................................................................... 69 Architectural Barriers Act................................................................................................. 70 Telecommunications Act .................................................................................................. 70 Sections 255 and 251 ........................................................................................................ 70 Section 713 ....................................................................................................................... 71 Television Decoder Circuitry Act..................................................................................... 71 Hearing Aid Compatibility Act......................................................................................... 72 2. DISABILITY STATISTICS................................................................................................................... 73 3. DISABILITY TERMINOLOGY............................................................................................................ 74 4. DISABILITY ETIQUETTE .................................................................................................................. 76 General etiquette ............................................................................................................................ 76 Sensitivity to Blindness and Visual Impairments .......................................................................... 78 Interacting with people who have speech disabilities .................................................................... 80 5. SIGN LANGUAGE INTERPRETERS ................................................................................................. 82 When using an interpreter….......................................................................................................... 82 Study of fatigue confirms need for working in teams....................................................... 83 Code of Ethics (Registry of Interpreters for the Deaf)...................................................... 84 6. ASSISTIVE LISTENING DEVICES.................................................................................................... 86 7. CART (COMMUNICATION ACCESS REALTIME TRANSLATION) ............................................ 88 What is it? ...................................................................................................................................... 88 How it’s done................................................................................................................................. 88 Certification ................................................................................................................................... 88 8. CAPTIONING ....................................................................................................................................... 89 What is Captioning?....................................................................................................................... 89 19 Winter 2003 Page vi Section 504 Handbook Caption Styles ................................................................................................................................ 90 How are realtime [live] captions generated?.................................................................................. 90 Methods of captioning ................................................................................................................... 91 9. BRAILLE............................................................................................................................................... 93 What Is Braille? ............................................................................................................................. 93 What Does Braille Look Like? ...................................................................................................... 93 How Was Braille Invented? ........................................................................................................... 93 How Is Braille Written? ................................................................................................................. 94 10. VIDEO DESCRIPTION , ...................................................................................................................... 97 11. DISABILITY ACCESS SYMBOLS ................................................................................................... 99 Access to Low Vision..................................................................................................... 99 Accessibility Symbol ...................................................................................................... 99 Accessible Print .............................................................................................................. 99 Assistive Listening Systems ....................................................................................... 100 Audio Description (Video Description) , ..................................................................... 101 Braille Symbol............................................................................................................... 101 Closed Captioning........................................................................................................ 101 Sign Language Interpretation..................................................................................... 102 TTY (Teletypewriter) .................................................................................................... 102 Volume Control Telephone......................................................................................... 102 APPENDIX A........................................................................................................................................... 105 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......................................................................................................................... 105 SEPARATE STATEMENT OF............................................................................................................. 119 COMMISSIONER MICHAEL J. COPPS ........................................................................................... 119 SEPARATE STATEMENT OF............................................................................................................. 120 COMMISSIONER JONATHAN S. ADELSTEIN .............................................................................. 120 APPENDIX B........................................................................................................................................... 121 Braille Sample Page..................................................................................................................... 121 The segment below is a translation of the braille embossed on the following page. ................... 121 Page of embossed braille included in paper copies...................................................................... 122 20 Winter 2003 Page vii Section 504 Handbook 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, sec. 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. This Handbook is intended to guide implementation of the Federal Communications Commission’s responsibilities under Section 504 of the Rehabilitation Act. It 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. INDEX ..................................................................................................................................................... 124 21 I. INTRODUCTION 22 Winter 2003 Page 2 Section 504 Handbook 1. SECTION 504 HANDBOOK The Federal Communications Commission Section 504 Programs & Activities Accessibility Handbook (Section 504 Handbook) is a collection of guidelines, information, and procedures to ensure that the Commission is accessible to individuals with disabilities. The content of this handbook is designed to assist Commission personnel in their efforts to provide such accessibility. The FCC is committed to fostering an attitude of inclusion and a commitment to access that will permeate all Commission programs and activities. While certain aspects of providing access for people with disabilities can be clearly visible (sign language interpreters, ramps, and braille documents), other aspects may easily pass unnoticed (descriptions of humorous decorations on birthday cakes to colleagues who are blind so they can join in the fun, or remembering to stand facing co- workers who are hard of hearing so that they can speechread/ lipread 1 more easily). It would be impossible to list all the aspects of the Commission’s work that may require reasonable accommodation to assure access, but the following sections can provide general guidance and reminders to help keep accessibility in the forefront of our awareness so that the Commission’s programs and activities will be accessible to everyone. 1 While many people still use the word “lipreading,” experts consider it to be inaccurate. Speechreading is the more appropriate term for the process of understanding speech through visual perception of spoken language. For more information on speechreading see the Gallaudet University Rehabilitation Engineering Research Center (RERC) on Hearing Enhancement at http:// www. hearingresearch. org/ Dr. Ross/ speechreading. htm (visited 12/ 3/ 02). 23 Winter 2003 Page 4 Section 504 Handbook 3. Section 504 of the Rehabilitation Act 3 Section 504 of the Rehabilitation Act of 1973 as amended is the legislation that prohibits federal agencies, and other program and activities receiving federal financial assistance, from discriminating against individuals with disabilities. 4 It is therefore this legislation that most directly affects the FCC. The Rehabilitation Act is sometimes confused with the Americans with Disabilities Act (ADA) 5 which was passed in 1990. While there are many parallels between the Rehabilitation Act and the ADA, there are some fundamental differences. Both laws are designed to prohibit discrimination against individuals with disabilities. Both share many of the same definitions and provisions. However, where the Rehabilitation Act pertains to federal agencies and entities receiving federal funding, the ADA applies to State and local governments, public accommodations, commercial facilities, transportation, telecommunications, and the U. S. Congress. 6, 7 3 The FCC Order implementing Section 504 can be found in the Appendix of this document. It includes definitions of terms and rules governing access to the Commission’s programs and activities. 4 29 U. S. C. § 794. 5 42 U. S. C. § 12101 et seq. 6 U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 11/ 1/ 02). 7 For more information see “Disability Rights Laws” beginning on page 64 of this Handbook. 25 Winter 2003 Page 5 Section 504 Handbook 4. DISABILITY RIGHTS MOVEMENT Disability The American disability rights movement was a catalyzing factor in the emergence of current disability rights legislation. The Smithsonian Institution’s National Museum of American History maintains a Virtual Exhibition featuring the history of the disability rights movement in the United States. The following text comes from their display, “Disability Rights Movement” 8 and provides a concise summary of the movement and issues that led to present day legislation. The Disability Rights Movement The ongoing struggle by people with disabilities to gain full citizenship is an important part of our American heritage. The disability rights movement shares many similarities with other 20th- century civil rights struggles by those who have been denied equality, independence, autonomy, and full access to society. Self Definition and Autonomy Historically, disabled people have been forced into dependency. Others would speak for them, label them, and take care of them -- often with the best intentions. As a result of 20th- century developments in biotechnical medicine, by the 1950s, more and more people survived formerly fatal injuries and diseases. Efforts by this growing population of military veterans and young adults to participate fully in society gained momentum. They were energized by the struggles of African Americans. Both groups have confronted numerous stereotypes in their quest for equality, inclusion in public affairs, and sometimes the right simply to live. Parents Organize By the 1940s and 1950s, parent activists had organized to fight for education and services for children with disabilities. When these children grew up, they demanded to be treated as adults, with all the rights and responsibilities granted to other citizens. Their new disability rights movement has sought to overcome discrimination and, sometimes, their own parents’ fears and overly protective attitudes. 8 Excerpted with compiler edits from Smithsonian Institution, National Museum of American History, Virtual Exhibitions, “The Disability Rights Movement,” http:// americanhistory. si. edu/ disabilityrights/ (visited 11/ 1/ 02). 26 Winter 2003 Page 6 Section 504 Handbook DISABILITY AND DISABILITY LAWS -- “Disability Rights Movement” (continued) The Role of Technology Like efforts organized to break [other] barriers… the disability rights movement has resulted from people coming together in ways that allow them to compare experiences and forge relationships. For the community with disabilities, this has taken place primarily in centers for independent living, which started in the 1970s, and via the Internet since the 1990s. Crucial to the movement’s success is access to information and communication through technologies such as telecaptioners, TTY devices for telephones, voice-recognition systems, voice synthesizers, screen readers, and computers. Mobility The disability civil rights movement had to not only overcome prejudice, but also physical barriers that limit access to employment and inclusion in other aspects of daily life. Activists successfully lobbied for laws that required curb- cuts, ramps, and buses with wheelchair lifts. This in turn increased the possibility of economic and social mobility. In the 1970s and 1980s, a growing population of consumers with mobility impairments fueled demand for wheelchairs and scooters to match their active lives. At the same time, barrier- free designs have brought a new aesthetic to public spaces. 27 II. ACCESSIBILITY AND THE FCC 28 Winter 2003 Page 8 Section 504 Handbook 1. TYPES OF ACCESS REQUESTED For purposes of the Section 504 Handbook, accessibility refers to the ability of people with disabilities to “participate in, and enjoy the benefits of, programs or activities conducted by the Commission.” 17 For general information on disabilities and access, contact the Commission’s Section 504 Officer. 18 The accessibility requests we receive, from both the public and FCC staff, tend to fall into the following categories: Access for people with mobility impairments Since the Portals II building is accessible, people with mobility impairments are generally able to move throughout the building as they wish. When planning meetings, however, if you are expecting participants who use wheelchairs, scooters, canes, crutches, or other mobility aids, make sure that the aisles between chairs and/ or tables are wide enough to allow comfortable passage. If your meeting is to take place at a table, make sure that there is room for a wheelchair or scooter to pull up. This can be easily accomplished by removing one or two chairs and leaving the space open. Access for people who are blind or have low vision People who are blind or have low vision may request a variety of accommodations. The type of accommodation requested depends upon the nature of the material requested, the type and severity of the visual impairment, and personal preferences. In- house, the Commission is able to produce text documents in large print, 19 electronic formats, 20 braille, 21 and some audio formats. 22 Requests for other formats, such as 17 47 C. F. R. § 1.1803. 18 For specific contact names, phone numbers, and e- mail addresses, see page 45 of this Handbook. 19 For more information see page 13 of this Handbook. 20 The Commission’s Accessible Format Specialist can provide documents in ASCII or MSWord format. 21 For more information see page 99 of this Handbook. 22 The Commission’s Accessible Format Specialist can provide documents in RealAudio or MP3 format. 29 Winter 2003 Page 9 Section 504 Handbook conversion of graphics into tactilely accessible media or for video description, 23 are often sent to outside contractors. ACCESSIBILITY DEFINED – Types of Access Requested – Access for people who are deaf or hard of hearing (continued) Access for people who are deaf or hard of hearing Generally, people who are deaf or hard of hearing request assistive listening devices, 24 captioning, 25 CART 26 (Communication Access Realtime Translation – similar to captioning but confined to a laptop or projection screen), or sign language interpreters. 27 The Commission is equipped with fixed FM assistive listening systems in the Commission Meeting Room and in Conference Room 1 on the 8 th floor. In addition, there are 2 portable FM systems that can be used throughout the building and at remote locations. The systems are outfitted with microphones, earphones, and neckloops. 28 Captioning, CART, and sign language interpreters are services that are frequently contracted from outside vendors. In the DC area, such services are widely used with demand often out- stripping supply. As much advance notice as possible is needed to assure that appropriate services can be acquired. The Commission also has several sign language interpreters on staff who assist in making Commission events accessible. People who are deaf or hard of hearing may use other accommodations such as oral interpreters, 29 cued speech transliterators, 30 tactile interpreters, 31 and notetakers, 32 but these services are rarely requested at the Commission. 23 For more information see pages 71 & 97 of this Handbook. 24 For more information see page 86 of this Handbook. 25 For more information see page 89 of this Handbook. 26 For more information see page 88 of this Handbook. 27 For more information see page 82 of this Handbook. 28 The microphones used with the portable systems transmit only to the assistive listening devices; they will not provide amplification to the room. For more information on assistive listening devices, see page 86. 29 Some people who are deaf or hard of hearing do not use sign language. They understand speech by watching a person’s face, body language, and lips. Oral interpreters are skilled in techniques of mouthing words clearly and effectively. For more information on oral interpreting, see the Registry of Interpreters for the Deaf at http:// www. rid. org/ 128. pdf (visited 11/ 27/ 02). 30 Winter 2003 Page 10 ACCESSIBILITY DEFINED – Types of Access Requested (continued) Access for people with speech disabilities Speech disabilities can be genetically linked or can result from accident, injury, or illness. The severity and type of speech disability can vary dramatically as can the communication modes individuals choose to use. Some people with speech disabilities choose to speak for themselves while others opt for using a re- voicer, 33 communication board, 34 artificial larynx, 35 speech output device, 36 or other assistive technology to help them be understood. (... continued from previous page) 30 Cued Speech is a phonetically based visual communication system; it is not, however, a form of sign language. In English, Cued Speech transliterators employ 8 handshapes in 4 different locations near the mouth to represent sounds used in spoken language. It is generally used as an adjunct to speechreading. For more information, see the National Cued Speech Association at http:// www. cuedspeech. org/ (visited 12/ 2/ 02). 31 People who are deaf- blind generally receive information tactilely, i. e., through touch. Tactile interpreters convey information using various methods, but always in a way that relies on touch. Methods employed by tactile interpreters include using sign language (with the person who is deaf- blind resting one or both hands on the interpreters hands or wrists), using fingers to trace the letters of words in the palm of the person who is deaf- blind, and using the manual alphabet to spell words into the hand of the person who is deaf- blind. For more information on deaf- blindness, see the National Information Clearinghouse on Children Who are Deaf- Blind at http:// www. tr. wou. edu/ dblink/ biblio. htm (visited 12/ 2/ 02). 32 Notetakers are people who take notes for individuals who are deaf or hard of hearing. Notetakers may be needed because people with significant hearing loss must look at speakers or interpreters to understand what is being said. As a result, each time they look down to record a comment, they miss information being presented. 33 A re- voicer is a person who listens to what an individual with a speech disability says, and then repeats it in clear speech. 34 A communication board can be either manual or electronic. It displays letters, pictures, and/ or words. Individuals communicate by pointing to the images or words. 35 An artificial larynx is a device designed to allow an individual without a larynx to speak intelligibly. While artificial larynx design may vary, the purpose remains the same – to produce the vibrations necessary for speech. 36 Speech output devices produce computer generated speech and vary in appearance and design. They are essentially computers with speakers that include a means, such as a keyboard or touch screen/ pad, for selecting the words or phrases the user would like the computer to vocalize. These devices are frequently grouped under the term, augmentative and (continued....) Section 504 Handbook 31 Winter 2003 Page 11 Section 504 Handbook Regardless of the severity of disability or the method of communication, patience and careful listening are of paramount importance. When talking with people who have speech disabilities, do not pretend to understand what they are saying. Allow people to complete their thoughts; do not presume to end sentences for them. If you ACCESSIBILITY DEFINED – Types of Access Requested – Access for people with speech disabilities (continued) do not understand what has been said, admit it and ask for a repetition. If you are unsure, but think you understand part of what has been said, repeat what you thought you heard and ask for confirmation. Access for people with other disabilities Most of the disabilities encountered at the FCC fall into the four categories discussed above. However people may have other disabilities or combinations of disabilities. When encountering people with any type of disability, but particularly when it is a form of disability new to you, remember to focus on the person first, not his or her disability. Use courtesy and common sense and ask the person with a disability for his or her advice on how to proceed. (... continued from previous page) alternative communication (AAC). For more information on AAC, see the AAC Institute’s research paper at http:// www. aacinstitute. org/ Resources/ MethodsandTools/ 2002rateindex/ paper. html (visited 12/ 3/ 02). 32 Winter 2003 Page 18 Section 504 Handbook 6. CONSIDERATIONS FOR CONTRACTING AND ACQUISITIONS Contracting / Acquisitions / Services / Equipment, etc. All of the Commission’s programs and activities must be accessible to people with disabilities. This includes programs and activities offered by the Commission through contracts or other arrangements. 49 Agreements between the Commission and other entities for the provision of programs or activities should be carefully written to ensure that access for people with disabilities is explicitly required in the statement of work. 49 47 C. F. R. § 1.1830( b)( 3)-( 6). 39 Winter 2003 Page 19 Section 504 Handbook This page is intentionally blank. 40 III. MEETINGS DOCUMENTS TRAINING 41 Winter 2003 Page 41 Section 504 Handbook 6. TRAINING FCC Training All FCC sponsored training must be accessible to people with disabilities. Training announcements should include an accessibility statement. Model statement: Reasonable accommodations for people with disabilities are available upon request. Include a description of the accommodation you will need including as much detail as you can. Also include a way we can contact you if we need more information. Please allow at least 5 days advance notice; last minute requests will be accepted, but may be impossible to fill. Send an e-mail to fcc504@ fcc. gov or call the Consumer & Governmental Affairs Bureau: For sign language interpreters, CART, and other reasonable accommodations: 202- 418- 0530 (voice), 202- 418- 0432 (tty) For accessible format materials (braille, large print, electronic files, and audio format): 202- 418- 0531 (voice), 202- 418- 7365 (tty) FCC University To request reasonable accommodations for FCC University courses, contact the Chief of the Learning and Development Service Center. 73 73 For specific FCC University contact names, phone numbers, and e- mail addresses, see page 46 of this Handbook. 62 Winter 2003 Page 43 Section 504 Handbook This page is intentionally blank. 64 IV. REASONABLE ACCOMMODATION PROCEDURES 65 Winter 2003 Page 47 Section 504 Handbook 2. FCC504@ FCC. GOV Purpose This is the primary e- mail address for non- FCC staff who would like to request accommodations or who would like to direct disability related inquiries to the FCC. Who checks this mailbox? Responsibility for checking the mailbox is as follows: Primary: Section 504 Officer Secondary: Accessible Format Specialist Tertiary: Disability Rights Office Sign Language Interpreter 68 Winter 2003 Page 49 Section 504 Handbook Telecommunications Relay Service (TRS) 79 TRS service (also called Relay, Relay Service, or Relay Center) is mandated by Title IV of the Americans with Disabilities Act (ADA) 80 and allows people who are deaf, hard of hearing, or who have speech disabilities to use the telephone. TRS service is available 24 hours a day. It provides the link between callers who use assistive devices such as TTYs, and callers who do not have such equipment. It also serves as an interface between people who have speech disabilities and those who have difficulty understanding them. To contact TRS, dial 711 anywhere in the United States. 81 The call will be connected to an operator (also called a Communications Assistant or CA). The Relay Service will ask for the destination phone number. Once this information has been provided, the call will be placed. When the connection is completed, the CA will relay information between the caller and the call recipient. TRS calls can be of several types: TTY calls TTY users can contact the Relay Center to make calls to people who do not have a TTY. Likewise, callers who use standard telephones can contact the Relay Center to make calls to TTY users. When using the Relay, the TTY user types a message to the CA who then reads it to the person using a standard telephone. When the person using a standard telephone responds, the CA types the message to the TTY user. VCO (Voice Carry Over) With VCO, a caller who can speak intelligibly but who cannot hear conversation on the telephone (as is often the case, for example, with hard of hearing people), is able to speak directly with the person using a standard telephone on the other end of the line. The CA then types the standard telephone user’s comments back to the VCO user via TTY. Either VCO users or standard telephone users can initiate and receive VCO calls. 79 The Federal government maintains a separate relay service called the Federal Relay Service (FRS). FRS was established under Public Law 100- 542, the Telecommunications Accessibility Act of 1988. It uses the Federal Telecommunication System (FTS2001), rather than commercial telephone networks, and may be used by Federal employees or the general public attempting to access Federal government resources. [From General Service Administration, Federal Relay Service (FRS), “What is the FRS?” http:// www. fts. gsa. gov/ frs/ whatisfrs. htm (visited 11/ 7/ 02) and “Why Use the FRS?” http:// www. fts. gsa. gov/ frs/ whyfrs. htm (visited 11/ 7/ 02).] 80 47 U. S. C. § 225; Implementing Regulations: 47 C. F. R. § 64.601 et seq. (Title IV, FCC). 81 For calls placed from the FCC, dial 9 first to get an outside line, then dial 711. 70 Winter 2003 Page 50 Section 504 Handbook TTY ACCESS -- Telecommunications Relay Service (continued) HCO (Hearing Carry Over) HCO allows people who can hear but who cannot speak clearly (for example, people who have had severe strokes) to use their hearing via a standard telephone while using a TTY to type their comments. HCO users type their comments to the CA who reads them to the person using a standard telephone on the other end of the line. The standard telephone user then speaks directly to the HCO user. Either HCO users or standard telephone users can initiate and receive HCO. STS (Speech to Speech) STS services are used by people who have speech disabilities and are neither deaf nor hard of hearing (for example, people who have cerebral palsy). With STS, CAs who are trained to understand people who have speech disabilities, listen to the caller and then repeat the message clearly to the person being called. The person with the speech disability can be either the initiator or the recipient of an STS call. IP Relay IP (Internet Protocol) Relay calls are initiated over the internet. To locate a list of IP Relay providers, use a standard internet search engine and search for “IP Relay.” To make an IP Relay call, follow the directions on the internet site you select. At this time, IP Relay can only be used to make calls from an internet connection to a standard telephone. Calls cannot be made in reverse -- voice callers using a standard telephone or callers using VCO, HCO or STS cannot initiate an IP Relay call. IP Relay is currently an optional service. VRS (Video Relay Service) VRS allows sign language users to send and receive messages in American Sign Language (ASL). Currently, VRS calls must be initiated by the sign language user who must also have the appropriate video equipment and high speed connectivity, e. g., cable modem, DSL (Digital Subscriber Line), or ISDN (Integrated Services Digital Network). The sign language user signs to a CA who is also a qualified sign language interpreter. The CA interprets the message into spoken English for the standard telephone user who then responds in spoken English. The CA listens to the spoken message and interprets it into sign language for the originating caller. At this time VRS is an optional service. 71 Winter 2003 Page 51 Section 504 Handbook TTY ACCESS -- Telecommunications Relay Service (continued) Spanish Relay Service Relay services must be provided in Spanish for all interstate calls. Calls made within states are not required to offer their services in Spanish though many TRS Centers voluntarily do so. Spanish Relay offers services via TTY, VCO, HCO, and IP Relay. At this time, Spanish Relay is not available for STS or Video Relay Service users. Spanish Relay is only required to provide relay services from Spanish- to- Spanish; it is not a translation service. Either Spanish Relay users or standard telephone users can initiate and receive Spanish Relay calls. 72 Winter 2003 Page 52 Section 504 Handbook 4. DOCUMENTS SUBMITTED IN ALTERNATE FORMATS Where should they be sent? Documents that are submitted in alternate formats; i. e., video recording, audio recording, braille and the like, should be forwarded immediately to the appropriate contact person listed on the chart below. For each format below, consult the Consumer & Governmental Affairs Bureau contact listed: Audio recording Braille Electronic documents Sign language Other media or formats Send To Send To Send To Send To Send To Accessible Format Specialist 202- 418- 0531 202- 418- 7365 tty Accessible Format Specialist 202- 418- 0531 202- 418- 7365 tty Accessible Format Specialist 202- 418- 0531 202- 418- 7365 tty Section 504 Officer 202- 418- 0530 202- 418- 0432 tty Section 504 Officer 202- 418- 0530 202- 418- 0432 tty If you cannot determine what type of media you have received, send it to the Section 504 Officer. 73 Winter 2003 Page 58 Section 504 Handbook CREATING IN- HOUSE WRITTEN TRANSCRIPTS FROM BRAILLE (continued) Final disposition When the completed document is ready for filing, submit the transcript (with the proper number of copies) including the original braille document to the appropriate office. 79 Winter 2003 Page 59 Section 504 Handbook 7. CREATING IN- HOUSE TRANSCRIPTS FROM SIGN LANGUAGE VIDEO- RECORDINGS Why transcribe sign language video recordings? The Commission rules concerning non- discrimination on the basis of disability in the Commission’s programs and activities 90 state that complaints may be submitted in “audio, braille, electronic, and/ or video format.” 91 For submissions that take the form of American Sign Language recorded in video format, a translation and transcription into written English is necessary to allow access for people who do not understand American Sign Language. Who coordinates the translation / transcription process? The Section 504 Officer 92 is the contact person and coordinator for sign language translation / transcription. What visual presentations will be accepted for translation? American Sign Language (ASL) and its cognates will be accepted for translation. 93 The Commission will not attempt to transcribe foreign sign languages, International Sign, and other visual, gestural modes of presentation. Who should create the transcripts? Translation of ASL to English should be handled by qualified individuals, preferably fully certified sign language interpreters. 94 When possible, consultation with qualified Deaf sign language users is highly desirable. 90 47 C. F. R. § 1.1801- 1.1870. 91 47 C. F. R. § 1.1803. 92 For specific contact names, phone numbers, and e- mail addresses, see page 45 of this Handbook. 93 Throughout this document, the term American Sign Language or ASL should be understood to include all ASL cognates that are generally recognized in the United States. 94 “Fully certified sign language interpreters” is intended to mean interpreters holding the Registry of Interpreters for the Deaf (RID) Certificate of Interpretation (CI), the RID Certificate of Transliteration (CT), the RID Comprehensive Skills Certificate (CSC), or the National Association of the Deaf (NAD) Level IV or V Certification. 80 V. DISABILITY PRIMER 84 Winter 2003 Page 64 Section 504 Handbook 1. DISABILITY RIGHTS LAWS Rehabilitation Act, Section 504 The Rehabilitation Act of 1973 (PL 93- 112, September 26, 1973) 95 and its subsequent amendments are precursors to the more well- known Americans with Disabilities Act that was passed in 1990. Originally, Section 504 of the Rehabilitation Act was intended to eliminate discrimination against people with disabilities in programs or activities receiving Federal funding. Section 504 provided the following: Sec. 504. No otherwise qualified handicapped individual in the United States, as defined in Section 7 (6), shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In 1978, the “Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978” (PL 95- 602, November 6, 1978) 96 was passed broadening the scope of Section 504 to include the Executive Branch Agencies of the Federal Government. As amended, Section 504 reads as follows (the language added in the amendment is underlined): Sec. 504. No otherwise qualified handicapped individual in the United States, as defined in Section 7 (6), shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees. 95 29 U. S. C. § 701- 797. 96 29 U. S. C. § 794. 85 Winter 2003 Page 65 Section 504 Handbook DISABILITY RIGHTS LAWS – Rehabilitation Act, Section 504 (continued) As a result, each Federal agency has its own set of section 504 regulations that apply to its own programs and activities. Agencies that provide Federal financial assistance also have Section 504 regulations covering entities that receive such funding. Requirements common to Federal agency Section 504 regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. 97 On April 15, 1987 the Federal Communications Commission released its Report and Order 98 (R& O), 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. In the R& O, the Commission adopted with minor modifications the Department of Justice’s prototype regulations for implementing and enforcing Section 504. In 2003, the Commission released an Order amending its Section 504 regulations. 99 The amendment updated the language in the Commission’s rules and added the Section 504 Handbook to its implementation of the Section 504 requirements. In addition to Section 504 of the Rehabilitation Act, there are other Federal laws that address disability issues. The following is a brief description of some of the laws that are frequently mentioned in connection with topics of interest to the FCC. 97 Excerpted and summarized from U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 98 FCC 87- 108, General Docket No. 84- 533. 99 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, Order, FCC 03- 48 (2003). 86 Winter 2003 Page 66 Section 504 Handbook DISABILITY RIGHTS LAWS (continued) Rehabilitation Act Section 501 100 “Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch.” 101 Section 503 102 “Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.” 103 Section 508 104 “Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public. An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For example, a system that provides output only in visual format may not be accessible to people with visual impairments, and a system that provides output only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may need accessibility- related software or peripheral devices in order to use systems that comply with Section 508.” 105 100 29 U. S. C. § 791; Implementing Regulations: 29 C. F. R. § 1613.203. 101 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 102 29 U. S. C. § 793; Implementing Regulations: 41 C. F. R. Part 60- 741. 103 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 104 29 U. S. C. § 794d. 105 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 87 Winter 2003 Page 67 Section 504 Handbook DISABILITY RIGHTS LAWS (continued) Americans with Disabilities Act (ADA) 106 “The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.” 107 ADA Title I: Employment 108 “Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment- related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.” 109 ADA Title II: State and Local Government Activities 110 “Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e. g. public education, 106 42 U. S. C. §§ 12101 et seq. 107 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 108 Implementing regulation: 29 C. F. R. Parts 1630, 1602 (Title I, EEOC). 109 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 110 Implementing Regulations: 28 C. F. R. Part 35 (Title II, Department of Justice); 49 C. F. R. Parts 27, 37, 38 (Title II, III, Department of Transportation). 88 Winter 2003 Page 68 Section 504 Handbook DISABILITY RIGHTS LAWS– ADA Title II: State & Local Government Activities (continued) employment, transportation, recreation, health care, social services, courts, voting, and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.” 111 ADA Title II: Public Transportation 112 “The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e. g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, remanufacture buses in an accessible manner, and, unless it would result in an undue burden, provide paratransit where they operate fixed- route bus or rail systems. Paratransit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations.” 113 111 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 112 Implementing Regulations: 28 C. F. R. Part 35 (Title II, Department of Justice); 49 C. F. R. Parts 27, 37, 38 (Title II, III, Department of Transportation). 113 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 89 Winter 2003 Page 69 Section 504 Handbook DISABILITY RIGHTS LAWS– ADA (continued) ADA Title III: Public Accommodations 114 “Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors’ offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by [T] itle III. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation’s resources. Courses and examinations related to professional, educational, or trade- related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered. Commercial facilities, such as factories and warehouses, must comply with the ADA’s architectural standards for new construction and alterations.” 115 ADA Title IV: Telecommunications Relay Services 116 “Title IV addresses telephone and television access for people with hearing and speech disabilities. It requires common carriers (telephone companies) to establish interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing and speech disabilities who use telecommunications devices for the deaf (TDDs), which are 114 Implementing Regulations: 49 C. F. R. Parts 27, 37, 38 (Title II, III, Department of Transportation); 28 C. F. R. Part 36 (Title III, Department of Justice). 115 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 116 Implementing Regulations: 47 C. F. R. §§ 64.601 et seq. (Title IV, FCC). 90 Winter 2003 Page 70 Section 504 Handbook DISABILITY RIGHTS LAWS– ADA Title IV: Telecommunications Relay Service (continued) also known as teletypewriters (TTYs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The Federal Communications Commission (FCC) has set minimum standards for TRS services. Title IV also requires closed captioning of Federally funded public service announcements.” 117, 118 Architectural Barriers Act 119 “The Architectural Barriers Act (ABA) requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. They do not address the activities conducted in those buildings and facilities. Facilities of the U. S. Postal Service are covered by the ABA.” 120 Telecommunications Act Sections 255 and 251 121 “Section 255 and Section 251( a)( 2) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, require manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities, if readily achievable. These amendments ensure that people with disabilities will have access to a broad range of products and services such as telephones, cell phones, pagers, call-waiting, and operator services, that were often inaccessible to many users with disabilities.” 122, 123 117 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 118 See also “Telecommunications Act, Section 225” on page 70 of this Handbook. 119 42 U. S. C. §§ 4151 et seq.; Implementing Regulations: 41 C. F. R. Subpart 101- 19.6. 120 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 121 47 U. S. C. § 255, 251( a)( 2). 122 From U. S. Department of Justice, Civil Rights Division, Disability Rights Section, “A Guide to Disability Rights Laws,” http:// www. usdoj. gov/ crt/ ada/ cguide. htm (visited 10/ 31/ 02). 91 Winter 2003 Page 71 Section 504 Handbook DISABILITY RIGHTS LAWS -- Telecommunications Act (continued) Section 713 124 Section 713 empowered the FCC to develop rules that would regulate the provision of television closed captioning services. It also charged the Commission to examine issues surrounding the provision of television video description services so as to “ensure the accessibility of video programming to persons with visual impairments, and to report to Congress on its findings.” 125 As a result, the Commission issued rules requiring captioning of television programs 126 as well as rules requiring that certain major broadcast and cable television stations provide video description for 50 hours of programming per calendar quarter. 127 However, in a decision released November 8, 2002, the U. S. Court of Appeals for the District of Columbia held that Section 713 did not give the FCC authority to enact video description rules. In its conclusion, the Court decided to “reverse and vacate the Commission’s Order insofar as it requires broadcasters to implement video description.” 128 Television Decoder Circuitry Act 129 The Television Decoder Circuitry Act of 1990 requires that beginning July 1, 1993, all television sets with screens 13 inches or larger, either made or imported for use in the United States, have built- in decoder circuitry that allows it to display closed captioning. (... continued from previous page) 123 See also “ADA Title IV: Telecommunications Relay Services on page 69 of this Handbook. 124 47 U. S. C. § 613. 125 47 U. S. C. § 613( f). 126 47 C. F. R. § 79.1. 127 47 C. F. R. § 79.3. 128 Motion Picture Association of America, Inc. v. FCC, 309 F. 3d 796 (D. C. Cir. 2002). 129 47 U. S. C. § 303, 330. 92 Winter 2003 Page 72 Section 504 Handbook Hearing Aid Compatibility Act 130 The Hearing Aid Compatibility Act requires that all telephones, including cordless telephones, manufactured or imported for use in the U. S. be hearing aid compatible. Secure telephones are exempt, as are telephones used with public mobile services or private radio services. A telephone is hearing aid compatible if it provides internal means (i. e., without the use of external devices) for effective use with hearing aids that are designed to be compatible with telephones that meet established technical standards for hearing aid compatibility. 131 130 47 U. S. C. § 610. 131 47 C. F. R. §§ 68.316, 68.317. 93 Winter 2003 Page 73 Section 504 Handbook 2. Disability Statistics The following chart, based on U. S. Census statistics from 1997, indicates the prevalence of selected disabilities in the United States among individuals age 15 and older. The information reflected in this chart is based on the Census Bureau’s SIPP (Survey of Income and Program Participation). “The [SIPP] survey design is a continuous series of national panels, with sample size ranging from approximately 14,000 to 36,700 interviewed households. The duration of each panel ranges from 2 1/ 2 years to 4 years. The SIPP sample is a multistage- stratified sample of the U. S. civilian noninstitutionalized population. For the 1984- 1993 panels, a panel of households was introduced each year in February. A 4- year panel was introduced in April 1996. A 2000 panel was introduced in February 2000 for 2 waves. A 3- year 2001 panel was introduced in February 2001.” 132 Categories of individuals # in thousands % distribution Individuals with a disability 47,935 23.0 Individuals with: Difficulty seeing words/ letters 7,673 3.7 Difficulty hearing conversation 7,966 3.8 Difficulty with speech 2,270 1.1 Difficulty walking/ using stairs 25,138 12.1 Used a wheelchair 2,155 1.0 Used a cane/ crutches/ walker 6,372 3.1 Mental disability 14,267 6.9 Learning disability 3,451 1.7 Mental retardation 1,366 0.7 Alzheimer’s/ senility/ dementia 1,873 0.9 Other mental/ emotional condition 3,418 1.6 August- November 1997 data from the Survey of Income and Program Participation 133 132 U. S. Census Bureau, Survey of Income and Program Participation, “Introduction to SIPP,” http:// www. sipp. census. gov/ sipp/ overview. html (visited 11/ 1/ 02). 133 Data in this chart was gathered from: U. S. Census Bureau, “Disability,” Americans with Disabilities: 1997 (P70- 73), http:// www. census. gov/ hhes/ www/ disable/ sipp/ disab97/ ds97t2. html (visited 11/ 1/ 02). 94 Winter 2003 Page 74 Section 504 Handbook 3. Disability Terminology 134 The disability community generally emphasizes the individuality of people with disabilities, not their disability. The term “handicapped” has fallen into disuse and should be avoided. The terms “able- bodied,” “physically challenged” and “differently abled” are also discouraged. The following are some recommendations: Never use the article “THE” with an adjective to describe people with disabilities. The preferred usage, “people with disabilities,” stresses the essential humanity of individuals and avoids objectification. Alternatively, the term “disabled people” is acceptable, but still defines individuals as disabled, first, and people second.” The term “hearing impaired” should also be used with caution as it is perceived by many to be a term that implies that the individual is in some way “broken” and needs to be “fixed.” Instead, the term, “deaf or hard of hearing,” can be used. Use: People who are deaf People who are hard of hearing People who are deaf or hard of hearing Not: the deaf deaf- mutes deaf and dumb Use: People who are blind People with low vision People who are visually impaired Not: the visually impaired Use: People with disabilities Not: the disabled To refer to a person’s disability, choose the correct terminology for the specific disability. The following terms are examples of appropriate terms to describe people with disabilities. People who are: blind, visually impaired, deaf, hard of hearing, mentally retarded. People with, or who have: Cerebral Palsy, Down’s Syndrome, mental illness, paraplegia, quadriplegia, partial hearing loss, seizure disorder, specific learning disability, speech impairment, speech disability. 134 Extracted, with compiler additions, from the University of North Carolina at Wilmington, Disability Services, “Disability Terminology,” http:// www. uncwil. edu/ stuaff/ SDS/ disterm. html (visited 11/ 1/ 02). 95 Winter 2003 Page 75 Section 504 Handbook DISABILITY TERMINOLOGY (continued) Be careful not to imply that people with disabilities are to be pitied, feared or ignored, or that they are somehow more heroic, courageous, patient, or “special” than others. Never use the term “normal” in contrast. Use: Trina qualified for her “Swimmer” certificate. Not: Trina held her own while swimming with normal children. A person in a wheelchair is a “wheelchair user” or “uses a wheelchair.” Avoid terms that define the disability as a limitation such as “confined to a wheelchair” or “wheelchair- bound.” A wheelchair liberates; it doesn’t confine. Never use the terms “victim” or “sufferer” to refer to a person who has had a disease or disability. This term dehumanizes the person and emphasizes powerlessness. Use: person with HIV/ AIDS Not: victim of AIDS or AIDS sufferer. Use: had polio Not: polio victim 96 Winter 2003 Page 84 Section 504 Handbook SIGN LANGUAGE INTERPRETERS-- Study of fatigue confirms need for working in teams (continued) Administrative Office of the U. S. Courts, Obst pointed out that ‘The policy on simultaneous interpreters is simple and corresponds to that of all other responsible interpreting services in the entire world (United Nations, European Commission, International Red Cross, International Court of Justice, foreign ministries in other nations.) No individual simultaneous interpreter is allowed to work for more than 30 minutes at a time. ’ The letter continues, ‘This is also done for the protection of the users. After 30 minutes the accuracy and completeness of simultaneous interpreters decrease precipitously, falling off by about 10% every 5 minutes after holding a satisfactory plateau for half an hour. ’ The reason, Obst explains, is that ‘The human mind cannot hold the needed level of focused concentration any longer than that. This fact has been demonstrated in millions of hours of simultaneous interpretation around the world since 1948. It is not a question of opinion. It is simply the result of empirical observation. ’” 139 Code of Ethics (Registry of Interpreters for the Deaf) 140 The Registry of Interpreters for the Deaf, Inc. [RID] is the national professional association for sign language interpreters in the United States. RID maintains and administers the certifying examination system for interpreters nationwide. RID has set forth the following principles of ethical behavior to protect and guide interpreters, transliterators, and hearing and deaf consumers of interpreting services. Underlying these principles is the desire to ensure the right to communicate for all. This Code of Ethics applies to all members of the Registry of Interpreters for the Deaf, Inc. and to all certified non- members. 1. Interpreters/ transliterators shall keep all assignment- related information strictly confidential. 2. Interpreters/ transliterators shall render the message faithfully, always conveying the content and spirit of the speaker using language most readily understood by the person( s) whom they serve. 139 References: Michelsen, Patricia. “Court Interpreting,” The Court Management & Administration Report, 3: 10- 16, 1992. Obst, Harry. Letter to Mr. Edward Bava, District Court Administration Division, Administrative Office of the U. S. Courts, Washington, DC. June 11, 1996. 140 Excerpted, with compiler additions, from the Registry of Interpreters for the Deaf (RID), “RID’s Code of Ethics,” http:// www. rid. org/ coe. html (visited 11/ 2/ 02). 105 Winter 2003 Page 85 Section 504 Handbook SIGN LANGUAGE INTERPRETERS— Code of Ethics (continued) 3. Interpreters/ transliterators shall not counsel, advise or interject personal opinions. 4. Interpreters/ transliterators shall accept assignments using discretion with regard to skill, setting, and the consumers involved. 5. Interpreters/ transliterators shall request compensation for services in a professional and judicious manner. 6. Interpreters/ transliterators shall function in a manner appropriate to the situation. 7. Interpreters/ transliterators shall strive to further knowledge and skills through participation in work- shops, professional meetings, interaction with professional colleagues, and reading of current literature in the field. Interpreters/ transliterators, by virtue of membership or certification by the RID, Inc., shall strive to maintain high professional standards in compliance with the Code of Ethics. 106 Winter 2003 Page 86 Section 504 Handbook 6. Assistive Listening Devices 141 Assistive listening devices (ALDs) increase the volume of a desired sound, such as the soundtrack of a movie or the voice of a tour guide, without increasing the loudness of background noises. Some assistive listening devices are also used to convey audio descriptions to visitors with visual impairments It is estimated that one out of every 10 people in the U. S. has a significant hearing loss, ranging from 25 dB (mild) to 90 dB (severe). About half of them are older adults. Among people with hearing loss, some wear hearing aids or use other devices to enhance what hearing they have, and some read lips. ALDs are made up of two parts: the transmitter and the receiver. The transmitter picks up the sound and converts it to a signal, which it then sends out. The receiver picks up a signal and transmits it to the user. Several receivers can pick up the signal from a single transmitter. There are several types of ALD systems: Infrared systems transmit sounds via light waves to users wearing receivers. The receiver must be in the transmitter’s line of sight to function properly. This limits where listeners with receivers can be located, but it also prevents spillover of sound into other areas. Sunlight and bright incandescent light interfere with the transmitter signal, so an IR system may not be a good choice for outdoors. IR systems are often used in movies, conferences, and live performances. FM systems transmit sounds via radio waves. With this system, the speaker wears a compact microphone and transmitter while the listener has a portable receiver with headphones or earphones. FM systems are commonly used when the speaker is required to move around. This system is not affected by light, but may experience radio interference. The same system can serve multiple uses (e. g. translations, audio descriptions, etc.) because it can transmit and receive multiple frequencies. 142 141 Excerpted with compiler edits from Association of Science- Technology Centers, Accessible Practices, Best Practices, “Live and Recorded Media: Assistive Listening Devices,” http:// www. astc. org/ resource/ access/ medald. htm (visited 11/ 1/ 02). 142 The Commission is equipped with fixed FM assistive listening systems in the Commission Meeting Room and in Conference Room 1 on the 8 th floor. In addition, there are 2 portable FM systems that can be used throughout the building and at remote locations. The systems are outfitted with microphones, earphones, and neckloops. (The microphones used with the portable systems transmit only to the assistive listening devices; they will not provide amplification to the room.) 107 Winter 2003 Page 87 Section 504 Handbook ASSISTIVE LISTENING DEVICES (continued) Inductive or audio loop systems transmit sounds using an electromagnetic field. A special amplifier and microphone used by the speaker send signals through a loop of wire installed around the listening area. Hearing aids equipped with telecoil circuits receive these signals and transmit them as sound to the listener. Listeners who do not have hearing aids or telecoil circuits can use receivers that pick up the signal. 108 Winter 2003 Page 88 Section 504 Handbook 7. CART (Communication Access Realtime Translation) 143 What is it? Communication Access Realtime Translation (CART) is a word- for- word speech- to- text interpreting service for people who need communication access. Unlike computerized notetaking or abbreviation systems, which summarize information for consumers, CART provides a complete translation of all spoken words and environmental sounds, empowering consumers to decide for themselves what information is important to them. CART consumers include people with hearing loss; individuals with cognitive or motor challenges; anyone desiring to improve reading/ language skills; and those with other communication barriers. The Americans with Disabilities Act (ADA) specifically recognizes CART as an assistive technology that affords effective communication access. How it’s done A CART provider uses a steno machine, notebook computer, and realtime software to render instant speech- to- text translation on a computer monitor or other display for the benefit of an individual consumer or larger group in a number of settings: classrooms; business, government, and educational functions; courtrooms; religious, civic, cultural, recreation, or entertainment events. A CART provider is sensitive to the varying needs of consumers and has had training in conveying a speaker’s message, complete with environmental cues. This expertise distinguishes a CART provider from a court reporter in a traditional litigation setting. Certification NCRA’s Registered Professional Reporter (RPR) designation is nationally recognized and at this time is considered a requisite for CART providers. Attainment of the Certified Realtime Reporter (CRR) designation is recommended. 143 Excerpted with compiler additions from the National Court Reporters Association, CART Provider’s Manual, http:// cart. ncraonline. org/ manual/ index. html (visited 11/ 1/ 02). 109 Winter 2003 Page 89 Section 504 Handbook 8. CAPTIONING What is Captioning? Captioning is the transcription and subsequent text display of dialog and other auditory information, such as on- and off- screen sound effects, music, and laughter. Captioning is used in many places including videos and films, live performances and demonstrations, lectures, web sites, and television. Captioning benefits are not limited to people who are deaf or hard of hearing. In loud, crowded venues as well as hushed, quite settings, captioned video allows sighted visitors to read what they cannot hear. Captions also benefit new readers and people who are learning English as a second language. 144 There are two categories of captions: CLOSED captions are captions that are hidden in the video signal and are invisible without a special decoder. They are hidden in an area that is called line 21 of the vertical blanking interval (VBI). OPEN captions are captions that have been decoded, so they have become an integral part of the television picture, like subtitles in a movie. Open captions cannot be turned off. The term “open captions” is also used to refer to subtitles created with a character generator. 145 144 First and second paragraphs excerpted with compiler additions from Association of Science-Technology Centers, Accessible Practices, Best Practices, “Live and Recorded Media: Captioning,” http:// www. astc. org/ resource/ access/ medcaption. htm (visited 11/ 2/ 02). A. 145 Third and fourth paragraphs excerpted with compiler additions from Closed Captioning FAQ, “Captioning Overview: What Are Captions?” http:// www. robson. org/ capfaq/ overview. html (visited 11/ 2/ 02). 110 Winter 2003 Page 90 Section 504 Handbook CAPTIONING (continued) Caption Styles 146 There are three ways that captions can be presented to a viewer: Roll- up captions are used almost exclusively for live events. The words appear one at a time at the end of the line, and when a line is filled, it rolls up to make room for a new line. Older decoders can only display roll- up captions at the bottom of the screen. Newer ones can place captions wherever the captioner wants them. Pop- on captions are the standard for pre- taped material. The entire caption appears, all at once, anywhere on the screen. When a pop- on caption appears, all captions previously on the screen are erased. Paint- on captions are free- form in their positioning, like pop- on captions, but they don’t erase what was already on the screen. The name comes from the way they are drawn on the screen a letter at a time, so you can see them “paint on” to the screen. They are not used much yet, except for commercials and special effects. How are realtime [live] captions generated? 147 Realtime [live] captions are performed by stenocaptioners, who are court reporters with special training. They use a special keyboard (called a “steno keyboard” or “shorthand machine”) to write what they hear as they hear it. Unlike a traditional “QWERTY” keyboard, a steno keyboard allows more than one key to be pressed at a time. The basic concept behind machine shorthand is phonetic, where combinations of keys represent sounds, but the actual theory used is much more complex than straight phonics. Stenocaptioners are capable of writing at speeds of up to 250 words per minute, or even faster in short bursts. The steno keyboard is connected to a computer system where the captioning software formats the stream of steno characters into captions and sends it to a caption encoder. This can be done either directly or through telephone modems. 146 Excerpted with compiler additions from Closed Captioning FAQ, “Closed Captioning FAQs: Caption Styles,” http:// www. robson. org/ capfaq/ look. html (visited 11/ 2/ 02). 147 Excerpted with compiler additions from Closed Captioning FAQ, “Online (Live) Captioning: How Are Realtime Captions Generated,” http:// www. robson. org/ capfaq/ online. html (visited 11/ 1/ 02). 111 Winter 2003 Page 93 Section 504 Handbook 9. Braille 149 What Is Braille? Braille is a series of raised dots that can be read with the fingers by people who are blind or whose eyesight is not sufficient for reading printed material. Teachers, parents, and others who are not visually impaired ordinarily read braille with their eyes. Braille is not a language. Rather, it is a code by which languages such as English or Spanish may be written and read. What Does Braille Look Like? Braille symbols are formed within units of space known as braille cells. A full braille cell consists of six raised dots arranged in two parallel columns each having three dots. The dot positions are identified by numbers from one through six. Sixty- four combinations are possible using one or more of these six dots. A single cell can be used to represent an alphabet letter, number, punctuation mark, or even a whole word. How Was Braille Invented? Louis Braille was born in Coupvray, France, on January 4, 1809. He attended the National Institute for Blind Youth in Paris, France, as a student. While attending the Institute, Braille yearned for more books to read. He experimented with ways to make an alphabet that was easy to read with the fingertips. The writing system he invented, at age fifteen, evolved from the tactile “Ecriture Nocturne” (night writing) code invented by Charles Barbier for sending military messages that could be read on the battlefield at night, without light. 149 Excerpted with compiler edits from American Foundation for the Blind, Information Center, “What is Braille,” http:// www. afb. org/ info_ document_ view. asp? documentid= 1248 (visited 11/ 1/ 02). 114 Winter 2003 Page 94 Section 504 Handbook How Is Braille Written? When every letter of every word is expressed in braille, it is referred to as Grade 1 braille. Very few books or other reading material are transcribed in Grade 1 braille. However, many newly blinded adults find this useful for labeling personal or kitchen items. The system used for reproducing most textbooks and publications is known as Grade 2 braille. In this system cells are used individually or in combination with others to form a 115 Winter 2003 Page 95 Section 504 Handbook BRAILLE – How is braille written (continued) variety of contractions or whole words. For example, in Grade 1 braille the phrase you like him requires twelve cell spaces. It would look like this: you like him If written in Grade 2 braille, this same phrase would take only six cell spaces to write. This is because the letters y and l are also used for the whole words you and like respectively. Likewise, the word him is formed by combining the letters h and m. It would look like this: you like him There are 189 different letter contractions and 76 short- form words used in Grade 2 braille. These “short cuts” are used to reduce the volume of paper needed for reproducing books in braille and to make the reading process easier. Grade 1 (or uncontracted) braille has nothing to do with first grade. Most children learn grade 2 (contracted) braille from kindergarten on. In recent years, some teachers have chosen to begin teaching grade 1 braille first, transitioning to grade 2 braille by the mid- elementary years. There is currently no research that supports the superiority of one approach over the other. Just as printed matter can be produced with a paper and pencil, typewriter, or printer, braille can also be written in several ways. The braille equivalent of paper and pencil is the slate and stylus. This consists of a slate or template with evenly spaced depressions for the dots of braille cells, and a stylus for creating the individual braille dots. With paper placed in the slate, tactile dots are made by pushing the pointed end of the stylus into the paper over the depressions. The paper bulges on its reverse side forming “dots.” Because of their portability, the slate and stylus are especially helpful for taking notes during lectures and for labeling such things as file folders. Braille is also produced by a machine known as a braillewriter. Unlike a typewriter which has more than fifty keys, the braillewriter has only six keys and a space bar. These keys are numbered to correspond with the six dots of a braille cell. In that most braille symbols contain more than a single dot, all or any of the braillewriter keys can be pushed at the same time. 116 Winter 2003 Page 96 Section 504 Handbook BRAILLE – How is braille written (continued) Technological developments in the computer industry have provided and continue to expand additional avenues of literacy for braille users. Software programs and portable electronic braille notetakers allow users to save and edit their writing, have it displayed back to them either verbally or tactually, and produce a hard copy via a desktop computer- driven braille embosser. Since its development in France by Louis Braille in the latter part of the nineteenth century, braille has become not only an effective means of communication, but also a proven avenue for achieving and enhancing literacy for people who are blind or have significant vision loss. 150 150 A sample page of braille with an English translation can be found in the Appendix of this Handbook. 117 Winter 2003 Page 99 Section 504 Handbook 11. DISABILITY ACCESS SYMBOLS Access to Low Vision 153 This symbol may be used to indicate access for people who are blind or have low vision, including: guided tours, paths to a nature trail, scent gardens in a park, tactile tours or museum exhibitions that may be touched. Accessibility Symbol 154 The wheelchair symbol should only be used to indicate access for individuals with limited mobility, including wheelchair users. For example, the symbol is used to indicate accessible entrances, bathrooms, or telephones that have been lowered for wheelchair users. Remember that a ramped entrance is not completely accessible if there are no curb cuts, and an elevator is not accessible if it can only be reached via steps. Accessible Print 155 The symbol for large print is ‘Large Print’ printed in 18 Point or larger text. In addition to indicating that large print versions of books, pamphlets, museum guides and theater programs are available, the symbol may be used on conference or membership forms to indicate that print materials may be provided 153 Excerpted with compiler additions from Graphic Artists Guild, “Disability Access Symbols,” (symbols available in downloadable files from this site), http:// www. gag. org/ resources/ das. php (visited 11/ 1/ 02). 154 Id. 155 Id. 120 Winter 2003 Page 100 Section 504 Handbook in large print. Sans serif or modified serif print with good contrast is highly recommended, and special attention should be paid to letter and word spacing. Assistive Listening Systems 156 These systems transmit sound via hearing aids or headsets. They include infrared, loop and FM systems. Portable systems may be available from the same audiovisual equipment suppliers that service conferences and meetings. 156 Id. 121 Winter 2003 Page 101 Section 504 Handbook DISABILITY ACCESS SYMBOLS (continued) Audio Description (Video Description) 157,158 There are 2 symbols that are used for this service that makes television, video, film, and live performances more accessible for persons who are blind or have low vision. For televisions and monitors, descriptions of visual elements are provided by a trained Audio Describer using the Secondary Audio Program (SAP). Braille Symbol 159 This symbol indicates that printed matter is available in braille, including exhibition labeling, publications, and signage. Closed Captioning 160 These symbols indicate that a television program or videotape is closed captioned. The “CC” (with or without the rounded rectangle surrounding it) is generic and can be used by any company. The second icon that looks like a comic strip speech “balloon” (a rounded rectangle with a small “tail” protruding below) is a registered service mark of the National Captioning Institute (NCI), and is only used for productions that are captioned by NCI. 157 FCC uses the term “Video Description.” 158 Excerpted with compiler additions from Graphic Artists Guild, “Disability Access Symbols,” (symbols available in downloadable files from this site), http:// www. gag. org/ resources/ das. php (visited 11/ 1/ 02). Second graphic (“ D” with radiating arcs) from WGBH, Services for Hire, “Access Symbols,” http:// main. wgbh. org/ wgbh/ hire/ symbols. html (visited 11/ 1/ 02). 159 From Graphic Artists Guild, “Disability Access Symbols,” (symbols available in downloadable files from this site), http:// www. gag. org/ resources/ das. php (visited 11/ 1/ 02). 160 Excerpted with compiler additions from Closed Captioning FAQ, “Closed Captioning Overview: Why are there different icons to denote captioned programs?” http:// www. robson. org/ capfaq/ overview. html# icons (visited 11/ 1/ 02). 122 Winter 2003 Page 102 Section 504 Handbook DISABILITY ACCESS SYMBOLS (continued) Sign Language Interpretation 161 The symbol indicates that sign language interpretation is provided for lectures, tours, performances, conferences, or other programs. TTY (Teletypewriter) 162 TTYs are also known as text telephones (TTs), or telecommunications devices for the deaf (TDDs). The TTY symbol indicates that TTYs are available. Volume Control Telephone 163 This symbol indicates that telephone handsets with amplified sound and/ or adjustable volume controls are available. Web Access 164 This symbol appears on web sites that have been designed with accessibility features. The symbol should always be used with the following alt- text tag: Web Access Symbol (for people with disabilities). 161 From Graphic Artists Guild, “Disability Access Symbols,” (symbols available in downloadable files from this site), http:// www. gag. org/ resources/ das. php (visited 11/ 1/ 02). 162 Excerpted with compiler additions from Graphic Artists Guild, “Disability Access Symbols,” (symbols available in downloadable files from this site), http:// www. gag. org/ resources/ das. php (visited 11/ 1/ 02). 163 Id. 164 Excerpted from WGBH, Service for Hire, “Access Symbols,” http:// main. wgbh. org/ wgbh/ hire/ symbols. html (visited 11/ 4/ 02). 123 Winter 2003 Page 103 Section 504 Handbook This page is intentionally blank. 124 APPENDIX 125 Winter 2003 Page 105 Section 504 Handbook APPENDIX A 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 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of 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 ) ) ) ) ) ) ORDER Adopted: March 4, 2003 Released: March 12, 2003 By the Commission: Chairman Powell, 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. 165 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 165 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, § 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. 126 Winter 2003 Page 106 Section 504 Handbook Department of Justice’s prototype regulations for implementing and enforcing Section 504. 166 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. 167 Except for adding consumer complaint procedures, the Commission has not updated its Section 504 regulations since 1987. 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 C. F. R. 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. 168 We amend sections 1.1803 and 1.1810 to specify filing and signature formats for persons with disabilities who wish to file using alternative media. We add a new section 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. 169 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. 3. In addition, we amend section 1.1803 to define the term “programs or activities” as that term is used in Subpart N. We amend section 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 section 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. 170 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 166 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 (1987)( Report and Order). 167 See Report and Order at 2199, ¶ 2. 168 42 U. S. C. §§ 12101 et seq. 169 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, sec. 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. 170 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. 127 Winter 2003 Page 107 Section 504 Handbook Administrative Procedure Act are inapplicable. 171 The procedural rule modifications will be effective immediately upon publication in the Federal Register. 172 5. Accordingly, IT IS ORDERED that, pursuant to Section 5 of the 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 upon publication in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 171 5 U. S. C. § 553( b)( 3)( A). 172 See 5 U. S. C. § 553( d). 128 Winter 2003 Page 108 Section 504 Handbook 6. APPENDIX A 7. FINAL RULE AMENDMENTS 8. Part 1 of Title 47 of the Code of Federal Regulations is amended as follows: 3) 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 USC 794. 4) Part 1 Subpart N is amended to read as follows: 9. SUBPART N-- ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL COMMUNICATIONS COMMISSION § 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. § 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. § 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. 129 Winter 2003 Page 109 Section 504 Handbook “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 130 Winter 2003 Page 110 Section 504 Handbook (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 C. F. R. § 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 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 C. F. R. § 1630.2( m), which is made applicable to this part by § 1.1840. “Section 504” means section 504 of 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, sec. 103( d), Pub. L. 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. § 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. 131 Winter 2003 Page 111 Section 504 Handbook § 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. § 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. § 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; 132 Winter 2003 Page 112 Section 504 Handbook (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 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. 133 Winter 2003 Page 113 Section 504 Handbook (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. § 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 C. F. R. 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. § 1.1849 Program accessibility: Discrimination prohibited. (a) Except as otherwise provided in § 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. § 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; 134 Winter 2003 Page 114 Section 504 Handbook (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 § 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-- (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; (4) Indicate the official responsible for implementation of the plan. 135 Winter 2003 Page 115 Section 504 Handbook § 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 C. F. R. §§ 101- 19. 600 to 101- 19.607, apply to buildings covered by this section. § 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 C. F. R. 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 section 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 section 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 section 1.1803 of this part, 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 136 Winter 2003 Page 116 Section 504 Handbook (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 § 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. 137 Winter 2003 Page 117 Section 504 Handbook APPENDIX B 10. 11. Federal Communications Commission Section 504 Programs and Activities Accessibility Handbook. 138 Winter 2003 Page 118 Section 504 Handbook SEPARATE STATEMENT OF CHAIRMAN MICHAEL K. POWELL Re: 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. Technology has the power to deliver to Americans with disabilities access that previously was unimaginable. Making access solutions available to the disability community has been a core objective of this Commission – from closed captioning to IP relay. Today’s Order ensures that a high level of access extends to the Commission as well, so that all Americans have the opportunity to meaningfully participate in the Commission’s work. Since the Commission first promulgated disability accommodation rules in 1987, there have been many changes in disability law, and the “state of the art” in access technology has advanced considerably. Today’s Order brings the Commission’s rules up- to- date with these changes. In addition, adoption of the Accessibility Handbook will ensure that the Commission’s policies are consistently applied and that all Commission staff are adequately prepared to deal with accommodation requests. The Order further provides that every three years the Commission will review its accommodation policies, so that we may learn and grow from our experiences, and keep pace with ever- changing technology. Only through constant vigilance can we ensure that individuals with disabilities are obtaining the best possible accommodations and the highest level of access. The creation of this Accessibility Handbook was a significant undertaking. I applaud the leadership demonstrated by the Consumer & Governmental Affairs Bureau and its Disability Rights Office in making this remarkable and practical resource a reality – and a model for other federal agencies and the private sector. Such efforts further secure the FCC’s place as one of the most accessible institutions in government – an achievement for which I am tremendously proud. 139 Winter 2003 Page 119 Section 504 Handbook SEPARATE STATEMENT OF COMMISSIONER MICHAEL J. COPPS Re: In the Matter of 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 I am pleased to support the Section 504 Order and Handbook. This update is long overdue, but all the more welcome for that. I am encouraged that we are updating our regulations today and establishing a regular review of these rules to help keep them up- to- date in the future. The Commission has made great strides over the past several years to improve accessibility. Among other things, the Commission wrote new rules to ensure that communications products and services are accessible to those with disabilities; overhauled and updated our Telecommunications Relay Services (TRS) rules; established and implemented 711 as a nationwide relay number; took action on captioning to ensure that everyone has access to televised information, including most importantly warnings about emergency situations; and allocated spectrum for assistive listening devices. But we must not rest on these accomplishments; we must build on them. The Commission needs now to look at the important issues of Internet relay, hearing aid compatibility for digital wireless phones, accessibility to digital and interactive television, and implementation of TTY access to E- 911 and video description. My office was fortunate to have an intern with a disability to work with us last summer. The Commission did an outstanding job of providing accommodations for us, but I wonder whether everyone at this agency is aware of the kinds of accommodations the Commission can – and indeed, is required to – provide for our employees with disabilities. This Handbook is a good step to help us understand, and to make us a model not only of compliance -- but of leadership. We can do more. I would like to see this Handbook be used as a model for the Commission to develop other handbooks to address related issues. The Commission has responsibilities under Sections 501 and 508 of the Rehabilitation Act to provide accommodations to our employees with disabilities, and to ensure that the electronic and information technology that we use, build, buy, and/ or lease is accessible to persons with disabilities. A Section 501 Handbook could be a valuable tool for FCC employees, co- workers, and supervisors of employees with disabilities. Likewise, a Section 508 Handbook would assist all of us at the Commission who work with electronic and information technology to learn how to make decisions when procuring technology. It is not only the right thing to do, it is the law. I want to thank the Disability Rights Office for its leadership on this item, particularly those who spearheaded the Handbook. Thank you for your dedication to your jobs, and for helping the Commission to be accessible to members of the public with disabilities. 140 Winter 2003 Page 120 Section 504 Handbook SEPARATE STATEMENT OF COMMISSIONER JONATHAN S. ADELSTEIN Re: In the Matter of 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 I would like to commend the Consumer & Governmental Affairs Bureau for its successful efforts in bringing yet another item to the Commission floor. After reading the handbook, I must say that it is both very thorough and informative. While a staff member in the United States Senate, I worked to help pass the Americans with Disabilities Act and devoted a great amount of attention to the Social Security Disability Insurance program. These types of issues ring very true to me. We, as a Commission, need to ensure that we have a uniform and comprehensive approach to ensuring accessibility to all Commission events in order to meet the Rehabilitation Act Section 504 requirements. As a federal entity, this is our mandate. I agree that in order to maintain that uniform approach, we need to periodically review the Commission’s current policies and practices every three years in order to take into account any relevant technological advances. Again, I want to thank you for your time on this very important issue. 141 Winter 2003 Page 121 Section 504 Handbook APPENDIX B Braille Sample Page The segment below is a translation of the braille embossed on the following page. ,, AB ,,! ,, FCC [cap][ cap] a b= about [cap][ cap] the [cap] [cap] f c c ,! ,F$] AL ,- MUNIC, NS ,- MIS- [cap] the [cap] f ed er a l [cap] com m u n i c ation s [cap] com m i s - .N 7,, FCC7 IS AN 9DEP5D5T sion ( [cap][ cap] f c c ) i s a n in d e p en d en t ,UNIT$ ,/ ATES GOV] N; T AG5CY1 [cap] u n i t ed [cap] st a t e s g o v er n ment a g en c y , DIRECTLY RESPONSI# 6,3GRESS4 d i r e c t l y r e s p o n s i ble to [cap] con g r e s s [.] ,! ,, FCC WAS E/ ABLI%$ 0! 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A Access guidelines FCC Audio- visual media.............................................. 40 Meetings Attendee requests for accommodation ....................... 3 FCC staff only.................................................... 21– 24 Open to all staff ............................................. 21– 22 In the Commission Meeting Room.................. 21 Not in the Commission Meeting Room........... 22 Open to limited audience ..................................... 23 Pre- registration required ...................................... 24 Hosting accessible meetings and events............. 33– 35 Media used during presentations........................ 35– 39 FCC events .................................................... 35– 37 When speaking at non- FCC events................ 38– 39 Moderators ......................................................... 33– 35 Planner’s responsibilities ........................................... 3 Sample wording for announcing interpreter availability........................................................... 28 With non- FCC attendees.................................... 25– 31 Commission Open Meetings................................ 25 On issues of interest to people with disabilities ... 28 Open to limited public audience .......................... 27 Pre- registration required ...................................... 30 Public meetings ................................................... 26 Releasing documents.................................................... 32 Training........................................................................ 41 Accessible format model statements............ See Reasonable accommodations: Model statements: Accessible formats ADA ...... See Laws: Americans with Disabilities Act (ADA) Advisory committee access See Access guidelines: Meetings ALDs ................................... See Assistive listening devices Americans with Disabilities Act . See Laws: Americans with Disabilities Act (ADA) Artificial larynx, definition ................................................ 10 Assistive listening devices ................................................ 86 FM systems .................................................................. 86 Inductive or audio loop systems ................................... 87 Infrared systems ........................................................... 86 Audio description............................... See Video description Audio loops.......................... See Assistive listening devices Augmentative & alternative communication, definition .... 11 AV access . See Access guidelines: FCC Audio- visual media B Braille ......................................................................... 93– 95 C Captioning.................................................................. 89– 92 Captioning rule................................................................. 71 CART............................................................................... 88 Closed captioning......................................... See Captioning Communication Access Realtime Translation..... See CART Communication boards, definition .................................... 10 Computer Assisted Realtime ............................... See CART Conference Access ............ See Access guidelines: Meetings Cued speech transliterators................................................. 9 D Disability access symbols......................................... 98– 100 Disability etiquette Blind and visually impaired ............................. 76, 78– 79 Deaf and hard of hearing........................................ 76, 82 General..................................................................... 3, 76 Offering help................................................................ 76 Shaking hands.............................................................. 76 Sign language interpreters............................................ 76 Speech disabilities.................................................. 76, 80 Wheelchairs ................................................................. 76 Disability Rights Movement .............................................. 5 Disability terminology...................................................... 74 Documents Releasing documents, access guidelines ........ See Access guidelines: Releasing documents Submitted in alternate format................................. 53– 62 FCC points of contact .............................................. 52 E E- mail address for Section 504......................................... 47 Etiquette ........................................... See Disability etiquette Event Access ..................... See Access guidelines: Meetings F FCC Basic principles of access .............................................. 3 Commitment to access ................................................... 2 Disability and access information .................................. 8 General access considerations Contracting and acquisitions ................................... 18 Information access................................................... 13 Physical access ........................................................ 12 Safety....................................................................... 16 145 Winter 2003 Page 125 Section 504 Handbook Staff activities .......................................................... 15 Points of contact ............................................................. 8 Types of access requested For people who are blind or have low vision ............. 8 For people with mobility impairments ....................... 8 For people with other disabilities ............................. 11 For people with speech disabilities .......................... 10 FCC University................................................................. 41 fcc504@ fcc. gov................................................................ 47 Forum access ..................... See Access guidelines: Meetings G Graphics, Disability access symbols ......................... 98– 100 H HCO (Hearing carry over) ................................................ 50 Hearing Aid Compatibility Act......................................... 72 I Inclusive language ............................................................ 74 Interpreters Cued speech transliterators............................................. 9 Oral interpreters.............................................................. 9 Re- voicers, definition .................................................... 10 Sign language interpreters ...................................... 82– 85 Code of ethics .......................................................... 84 Working with ..................................................... 76, 82 Tactile interpreters.......................................................... 9 IP Relay ............................................................................ 50 L Laws ....................................................................... 4, 64– 71 Americans with Disabilities Act (ADA)................. 67– 70 Title I, Employment ................................................. 67 Title II, Public transportation ................................... 68 Title II, State and local government activities.......... 67 Title III, Public accommodations ............................. 69 Title IV, Telecommunications relay services........... 69 Architectural Barriers Act ............................................ 70 Rehabilitation Act ........................................................ 66 Section 501 .............................................................. 66 Section 503 .............................................................. 66 Section 504 .......................................................... 4, 64 FCC Order ........................................................... 65 Section 508 .............................................................. 66 Telecommunications Act.............................................. 70 Lipreading........................................................................... 2 Logos, Disability access ............................................ 98– 100 Loops ................................... See Assistive listening devices M Meeting Access.................. See Access guidelines: Meetings N Notetakers, definition .......................................................... 9 O Open captioning ........................................... See Captioning Oral interpreters ................................................................. 9 P Politically correct language .............................................. 74 R Reasonable accommodations Model statements Accessible formats .................................................. 32 Presenters announcing availability upon request. 39 Meetings Commission Open Meetings ............................... 25 FCC staff only, in the Commission Meeting Room ........................................................................ 21 FCC staff only, not in the Commission Meeting Room .............................................................. 22 FCC staff only, open to limited audience............ 23 On issues of interest to people with disabilities .. 29 Open to limited public audience.......................... 27 Public meetings................................................... 26 Registration forms............................................... 30 Sign language interpreters available.................... 28 Registration forms ................................................... 24 Requests....................................................................... 45 Rehabilitation Act ................... See Laws: Rehabilitation Act Relay ...................................................................... See TRS Releasing documents......... See Access guidelines: Releasing documents Requests for reasonable accommodations... See Reasonable accommodations: Requests S Section 501.......... See Laws: Rehabilitation Act: Section 501 Section 503.......... See Laws: Rehabilitation Act: Section 503 Section 504.......... See Laws: Rehabilitation Act: Section 504 Section 508.......... See Laws: Rehabilitation Act: Section 508 Sign language interpreters Code of ethics .............................................................. 84 Working with ......................................................... 76, 82 Signers.................................. See Sign language interpreters Spanish Relay Service...................................................... 51 Speech output device, definition ....................................... 10 Speechreading .................................................................... 2 Statistics, Disability.......................................................... 73 STS (Speech to speech).................................................... 50 Symbols, Disability access ....................................... 98– 100 146 Winter 2003 Page 126 Section 504 Handbook T Tactile interpreters .............................................................. 9 Taskforce access ............... See Access Guidelines: Meetings Telecommunications Act Section 713................................................................... 71 Sections 255 & 251 ...................................................... 70 Telecommunications Relay Service........................ See TRS Television Decoder Circuitry Act ..................................... 71 Training access ................... See Access guidelines: Training Transcription procedures Audio recordings .................................................... 53– 55 Braille..................................................................... 56– 58 Sign language video recordings.............................. 59– 62 TRS............................................................................. 49– 50 HCO (Hearing carry over)............................................ 50 IP Relay........................................................................ 50 Spanish Relay............................................................... 51 STS (Speech to speech)................................................ 50 TTY calls...................................................................... 49 VCO (Voice carry over)............................................... 49 VRS (Video Relay Service) ......................................... 50 TRS legislation................................................................. 69 TTYs Assistance with ............................................................ 48 Distribution in the FCC................................................ 48 Listing phone numbers................................................. 48 Office standards ........................................................... 48 Use with TRS (Relay).................................................. 49 V VCO (Voice Carry Over) ................................................. 49 Video description ............................................................. 96 Video description rule ...................................................... 71 VRS (Video Relay Service) ............................................. 50 W Workshop access............... See Access guidelines: Meetings 147 12. 13. 14. Federal Communications Commission Consumer & Governmental Affairs Bureau 445 12th St. S. W. · Washington, DC 20554 1- 888- CALL- FCC (1- 888- 225- 5322) TTY: 1- 888- TELL- FCC (1- 888- 835- 5322) www. fcc. gov/ cgb/ 148