WASHINGTON-Following a demonstration of disabilities-compatible telecommunications equipment by four Americans with audio, visual and neuromuscular problems, the Federal Communications Commission last week unanimously adopted a notice of proposed rule making that would mandate accessibility of wireless equipment to physically challenged people.
While being given flexibility in how they fulfill this mandate, manufacturers now must craft internal processes ensuring that universal accessibility be built into the research and development processes of equipment design; if certain equipment could not comply, companies would have to detail reasons.
The commission believes that such foresight will cut down on the number of complaints it receives from disabled people regarding their difficulties with communications equipment, but it also urged people to try and resolve their problems with the manufacturer before bringing it to the government. New complaints will be put on a “fast track,” with Wireless Telecommunications Bureau Chief Dan Phythyon commenting that most should be addressed within five business days.
“I fully expect (and demand) that every industry participant will comply with the letter and the spirit of this law. I know that this is an area where free-market forces alone are unlikely to address the specific needs of individuals, who solely because of life’s unpredictability and randomness find themselves restricted by physical adversity,” wrote Commissioner Michael Powell in a separate statement. “The principle of universal service is ultimately inclusion, and the disabled community should not be overlooked.”
The panel also adopted an order that will allow-and encourage-electronic filing of comments, petitions and other pleadings in place of paper. Comments also will be posted on the Internet the day after they are received by the FCC, thus eliminating expensive copying or time spent in reference rooms. Any comments regarding broadcast-allotment proceedings will not be included in this docket because such proceedings are restricted.
The Electronic Comment Filing System, which has been up and running for just a few dockets, will be accepting data in early June, and any filings submitted since 1992 will be scanned into the database. ECFS will replace the current Record Image Processing System, and a public notice will be issued prior to that execution.
While this order was adopted unanimously, Commissioner Gloria Tristani voiced concern with one provision that allows electronic filings to be accepted until midnight on their due date, but still requires paper comments to be submitted by the 5: 30 p.m. EST deadline. “This 6.5-hour extension will give electronic filers an advantage over paper filers,” she wrote, explaining that paper copies are accessible by knowledgeable people prior to their being released for public review, and people commenting electronically could alter their documents and address new questions based on what those who filed comments on paper had submitted earlier in the day.
“Were electronic filing an option available to everyone, these concerns may not be significant. But millions of Americans do not have Internet access,” Tristani continued. “These are the people who will be most disadvantaged by the midnight filing deadline … It is already difficult enough for average citizens to make their voices heard at the commission.”
Commissioner Susan Ness also pointed out that electronic documents must actually be received by midnight, not sent by midnight; this will make a difference with comments that go on for 100 pages or more.
Finally, the commission voted to streamline its equipment-authorization process, allowing electronic filing of such applications and deregulating other requirements for equipment types “that have demonstrated a good record of compliance.” Scanning devices must continue to undergo rigorous compliance testing.
Electronic filing could begin as early as next month, and the commission will accept both digital and paper formats. In a year, however, only electronic filing will be accepted.
As a result of the order, only three procedures will be required: certification, declaration of conformity and verification. Type acceptance was rolled into certification, and notification no longer is required.
The FCC estimated that the measure will cut equipment-authorizations in half-from 3,500 to about 1,800-thus saving manufacturers some $100 million annually. Processing, which takes 24 days on average, could be cut down to 10 days. Because streamlining should result in fewer personnel needed, Dick Smith, chief of the FCC’s Office of Engineering & Technology, wants to shift staffers from checking applications to working in enforcement.
