FCC Adopts Accessibility Rules

In this Second Report and Order, the Federal Communications Commission implements section 718 of the Communications Act of 1934, as amended (Act), which was added by section 104 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) to ensure that people with disabilities have access to emerging and innovative advanced communications technologies. Section 718 requires mobile phone manufacturers and mobile service providers that include or arrange for the inclusion of an Internet browser on mobile phones to ensure that the functions of the included browser are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable.

Specifically, the FCC took the following actions:

• Affirm that Internet browsers used for advanced communications services (ACS), that are installed or included by ACS equipment manufacturers or provided by ACS service providers, are software subject to section 716 of the Act.
• Find that sections 716 and 718 have overlapping requirements with respect to ensuring the accessibility of Internet browsers.
• Adopt implementing regulations for section 718 that are consistent with the Commission’s Part 14 rules implementing section 716.
• Decline to adopt requirements or safe harbors with respect to accessibility application programming interfaces (APIs).
• Retain section 14.31 of the Commission’s rules with respect to recordkeeping requirements applicable to manufacturers and service providers subject to section 718.