The ADA and Access and Opportunity for Individuals with Disabilities

Congress has responded to the need for access and opportunity for individuals with disabilities by passing landmark legislation in a range of areas: education, employment, tax policy, transportation and assistive technology. These laws include the ADA, the Individuals with Disabilities Education Act of 1997, the Assistive Technology Act of 1998, and the Workforce Investment Act of 1998, which amended section 508 of the Rehabilitation Act. In addition to Title IV of the ADA, which we are celebrating today, Congress has also passed additional legislation focused specifically on access to communications: the Telecommunications Accessibility Enhancement Act of 1988, the Hearing Aid Compatibility Act of 1988, the Television Decoder Circuitry Act of 1990 and the Telecommunications Act of 1996. All of these laws recognize the importance of access to all aspects of society, and access to communications technology in particular.

Telecommunications has become such a common tool that its use is essential for participation in nearly all aspects of our society. Today, most Americans rely on telecommunications for routine daily activities, such as making doctors' appointments, calling home when they are late for dinner, participating in conference calls at work, and making airline reservations. Moreover, diverse telecommunications tools such as distance learning, telemedicine, telecommuting and video conferencing enable Americans to interface anytime from anywhere.

Telecommunications is a critical tool for employment. If telecommunications technologies are not accessible to and usable by persons with disabilities, many qualified individuals will not be able to work or achieve their full potential in the workplace. Congress recognized the importance of creating employment opportunities for people with disabilities with Title I of the ADA, which addresses the employer's responsibilities in making the workplace accessible to employees with disabilities. Many FCC telecommunications access rules complement Title I of the ADA by giving employers expanded tools with which to employ and accommodate persons with disabilities.

Access to telecommunications is essential in bringing a great measure of independence to members of the disability community. Access to telecommunications services also plays a critical role in life-threatening emergencies.

The benefits of increased accessibility to telecommunications are not limited to people with disabilities. Just as people without disabilities benefit from the universal design principles of the ADA and the Architectural Barriers Act (for example, a parent pushing a stroller over a curb cut), many people without disabilities also benefit from accessible telecommunications equipment and services. Indeed, many of us already benefit from accessibility features in telecommunications today: vibrating pagers do not disrupt meetings; speaker phones enable us to use our hands for other activities; and increased volume control on public payphones allows us to talk in noisy environments. More importantly, we all benefit when people with disabilities become active in our communities and in society as a whole.

As we celebrate the ADA’s 15th anniversary, it is helpful to consider other telecommunications accessibility provisions that enable everyone to use our nation’s telecommunications systems.

1973, the Rehabilitation Act
Section 504 of the Rehabilitation Act prohibited Federal agencies from discriminating against persons with disabilities in the agency’s programs and services. On March 12, 2003, the Federal Communications Commission released an Order Amending Part 1 of the Commission's Rules to Implement Section 504 of the Rehabilitation Act of 1973, re: Non-Discrimination on the Basis of Disability in the Commission's Programs and Activities.

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 the handbook is designed to assist Commission personnel in their efforts to provide such accessibility.

1982, Telecommunications for the Disabled Act required that workplace telephones used by persons with hearing aids and emergency phones are hearing-aid-compatible. It also required access for deaf and hard-of-hearing people at important public places, such as hospitals and police stations, and it required that all coin-operated phones are hearing aid-compatible by January 1985.

1988, Hearing Aid Compatibility Act of 1988 required that most telephones manufactured or imported into the U.S. must be compatible for use with telecoil-equipped hearing aids.

1988, Telecommunications Accessibility Enhancement Act required GSA, in consultation with the Access Board and the FCC, to issue regulations needed “to assure that the Federal telecommunications system is fully accessible to hearing-impaired and speech-impaired individuals…for communications with and within Federal agencies.”

1990, the Americans with Disabilities Act (ADA) guaranteed the civil rights of people with disabilities by prohibiting discrimination against anyone who has a mental or physical disability in the area of employment, public services, transportation, public accommodations, and telecommunications.

• Title IV-Telecommunications
  Title IV required a national telecommunications relay service that operates in every state 24 hours a day, seven days a week. Title IV also required that Federal public service announcements be captioned. Title V of the ADA required that agencies that have responsibilities to implement the ADA, such as the FCC, provide technical assistance on the ADA.

1990, the Television Decoder Circuitry Act required closed caption circuitry (closed captioning computer chip) to be part of all televisions with screens 13 inches or larger manufactured for sale and use in the United States.

1996, Telecom Act (Sections 251(a)(2) and 255) requires that telecommunications services and equipment are accessible to and usable by persons with disabilities and prohibits phone companies from installing network features that do not comply with accessibility rules. Section 713 of the 1996 Act directed the FCC to implement rules on closed captioning and to study video description.

1996, FCC Order on Enhanced 911 Emergency Calling (E911) directed digital wireless service providers to implement TTY compatibility in their networks, so that TTY users are able to make emergency 911 calls.

1998, Workforce Investment Act, which amended Section 508 of the Rehabilitation Act, required Federal agencies to make their electronic and information technology accessible to people with disabilities. Electronic and information technology includes items such as telecommunication products (e.g., telephones, information kiosks, World Wide Web sites and multimedia-- including videotapes) and office equipment (e.g. copiers and fax machines). Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology.

2001, FCC Order designated auditory assistance devices the category of primary status in the 216-217 MHz band. The previous spectrum, 72-76 MHz, had become congested with use from high power industrial communications sources, resulting in substantial interference with the assistive devices.