IVR Accessibility Forum
Relevant Regulation Overviews

Americans with Disabilities Act
Section 508
Section 255

OVERVIEW OF THE TITLES II AND III OF
THE AMERICANS WITH DISABILITIES ACT

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of disability by private employers (Title I), state and local governments (Title II), and places of public accommodation (Title III). Title IV of the ADA also requires common carriers nationwide to provide telecommunications relay services.

In 1991, the Department of Justice promulgated rules interpreting the nondiscrimination mandates of Titles II and III to require effective communication with individuals with disabilities (28 C.F.R. Parts 35 and 36). This obligation extended to both state and local governments and places of public accommodation. A public accommodation is defined as a private entity, whose operations affect commerce and which falls within one of twelve categories:

1. places of lodging, such as hotels and motels
2. establishments serving food or drink
3. places of exhibition of entertainment, such as theaters
4. places of public gathering, such as convention centers or lecture halls
5. retail establishments
6. service establishments, such as lawyers and doctors offices or gas stations
7. public transportation stations
8. places of public display, such as libraries or museums
9. places of recreation, such as parks and zoos
10. places of private education
11. social service centers, such as shelters or day care centers
12. places of exercise, such as health spas or bowling alleys

At the time that the ADA was passed, interactive voice response systems were just beginning to proliferate. Now, however, these systems are ubiquitous; nearly all places of public accommodation and state and local governments use IVR menus for some, if not most, of their telephone services.

Original rules promulgated by the U.S. Department of Justice provided that relay services could be used by TTY users to contact places of public accommodations for routine appointments, reservations, and inquiries. However, often relay services are unable to type fast enough to convey information contained in an IVR message and respond back within the time given for selecting prompts from that message. The many problems with using relay services for IVR systems were articulated by the FCC in a Public Notice released in September of 2000:

[R]elay service does not provide consumers with a hearing or speech disability the ability to engage in communication by wire or radio in a manner that is functionally equivalent to those consumers without such a disability when the communication encounters an interactive menu. We are concerned . . . that individuals with disabilities are being excluded from access to these ubiquitous technologies. . . . Interactive menu systems and recorded messages are increasingly used by businesses and services. They present substantial barriers to TRS users because the speed at which information is provided is too fast to allow the TRS user to respond within the system response time. As a result, TRS users are either unable to make calls that encounter interactive menus or other recorded messages or must frequently place a success of calls to leave a message with, or access the information provided by, such systems.

State and local governments and places of public accommodation that now use IVR systems need to comply with the mandates of Titles II and III of the ADA to provide an effective means of telephone communication for individuals with disabilities who are unable to access their IVR systems. In addition to presenting access barriers to relay users, IVR systems create barriers for other groups of individuals, including individuals who are hard of hearing, blind, cognitively delayed or individuals who have motor disabilities. There are a number of ways that entities covered under the ADA can provide telephone access when they use IVR systems:

· They may purchase and use accessible IVR systems manufactured in compliance with Section 255. Use of an IVR system that permits individuals to delay prompts or the time needed to respond to those prompts would provide access to individuals with disabilities who need more time to respond.

· They may offer a live operator option at start of the IVR message - Allowing an individual to "opt" out of an IVR system to speak to a live operator at the start of the message is a way to ensure that the telephone system is accessible to all individuals with disabilities.

· They may provide a dedicated TTY line, i.e., an alternative telephone number so that TTY users may access either a live operator using a TTY or a direct TTY IVR system.

· They may provide an alternative telephone number for a live voice operator so that relay callers and other individuals with disabilities are able to speak directly to that live person.

Whatever means is selected, the ADA makes clear that persons with disabilities need to be able to access local governments and businesses by telephone, even when these entities choose telephone systems that utilize IVR menus.

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OVERVIEW OF SECTION 255

In 1996, Congress added Section 255 to the Communications Act. Section 255 requires manufacturers of telecommunications equipment and customer premises equipment to ensure that their equipment is designed, developed and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Providers of telecommunications services have a similar requirement to ensure that their services are accessible to and usable by individuals with disabilities, if readily achievable. If it is determined that making a product or service accessible and usable by individuals with disabilities is not readily achievable, then the manufacturer or service provider must ensure that the equipment or service is "compatible with existing peripheral devices or specialized CPE commonly used by individuals with disabilities to achieve access."

In September of 1999, the Commission issued rules implementing Section 255. These rules, effective since January 28, 2000, can be found at 47 C.F.R. Parts 6 and 7. The rules make clear that all basic and adjunct-to-basic telecommunications services and all telecommunications products are covered under Section 255. In addition, these rules brought two information services, voice mail and interactive voice response (IVR) systems, within the scope of Section 255.

ACCESSIBLE BY

The FCC's rules provide a detailed list of what service providers and manufacturers must consider when trying to make products and services to be accessible. When considering whether it is readily achievable to make interactive menu services and equipment accessible, all of the following items should be reviewed (47 C.F.R § 7.3(a)):

(1) Input, control, and mechanical functions shall be locatable, identifiable, and operable in accordance with each of the following, assessed independently:

(i) Operable without vision. Provide at least one mode that does not require user vision.
(ii) Operable with low vision and limited or no hearing. Provide at least one mode that permits operation by users with visual acuity between 20/70 and 20/200, without relying on audio output.
(iii) Operable with little or no color perception. Provide at least one mode that does not require user color perception.
(iv) Operable without hearing. Provide at least one mode that does not require user auditory perception.
(v) Operable with limited manual dexterity. Provide at least one mode that does not require user fine motor control or simultaneous actions.
(vi) Operable with limited reach and strength. Provide at least one mode that is operable with user limited reach and strength.
(vii) Operable with a Prosthetic Device. Controls shall be operable without requiring body contact or close body proximity.
(viii) Operable without time-dependent controls. Provide at least one mode that does not require a response time or allows response time to be by-passed or adjusted by the user over a wide range.
(ix) Operable without speech. Provide at least one mode that does not require user speech.
(x) Operable with limited cognitive skills. Provide at least one mode that minimizes the cognitive, memory, language, and learning skills required of the user.

(2) All information necessary to operate and use the product, including but not limited to, text, static or dynamic images, icons, labels, sounds, or incidental operating cues, comply with each of the following, assessed independently:

(i) Availability of visual information. Provide visual information through at least one mode in auditory form.
(ii) Availability of visual information for low vision users. Provide visual information through at least one mode to users with visual acuity between 20/70 and 20/200 without relying on audio.
(iii) Access to moving text. Provide moving text in at least one static presentation mode at the option of the user.
(iv) Availability of auditory information. Provide auditory information through at least one mode in visual form and, where appropriate, in tactile form.
(v) Availability of auditory information for people who are hard of hearing. Provide audio or acoustic information, including any auditory feedback tones that are important for the use of the product, through at least one mode in enhanced auditory fashion (i.e., increased amplification, increased signal-to-noise ratio, or combination).
(vi) Prevention of visually-induced seizures. Visual displays and indicators shall minimize visual flicker that might induce seizures in people with photosensitive epilepsy.
(vii) Availability of audio cutoff. Where a product delivers audio output through an external speaker, provide an industry standard connector for headphones or personal listening devices (e.g., phone-like handset or earcup) which cuts off the speaker(s) when used.
(viii) Non-interference with hearing technologies. Reduce interference to hearing technologies (including hearing aids, cochlear implants, and assistive listening devices) to the lowest possible level that allows a user to utilize the product.
(ix) Hearing aid coupling. Where a product delivers output by an audio transducer which is normally held up to the ear, provide a means for effective wireless coupling to hearing aids.

USABLE BY

Service providers and manufacturers must also evaluate whether the products and services they produce are "usable by" individuals with disabilities. The Commission defines this as having "access to the full functionality and documentation for the product, including instructions, product information, (including accessible feature information), documentation, bills, and technical support which is provided to individuals without disabilities." This mandate requires providers and manufacturers to provide end-user product documentation in alternate formats (such as Braille and large print) or alternate modes (TTY, e-mail etc.) upon request,; to provide access to repair services, technical hotlines and databases, and to ensure usable customer support and technical support in call centers and service centers. These various forms of access must be made available to consumers at no additional charge. The Commission has also stated that "usable by" requires manufacturers and service providers to include consumers with disabilities in research projects, focus groups, and products trials.

In addition, when developing, or incorporating existing training programs, manufacturers and service providers shall consider the accessibility requirements of individuals with disabilities; the means of communicating with individuals with disabilities; how products and services are currently accessible, and commonly used adaptive technology used with the manufacturer's products.

COMPATIBLE BY

When it is not readily achievable to make a product or service accessible, the product or service must be compatible with existing peripheral devices or specialized customer premises equipment, if providing such compatibility is readily achievable. Peripheral devices are devices that translate or otherwise transform telecommunications into a form that is accessible to individuals with disabilities. Examples are TTYs, visual signaling devices, and amplifiers. Specialized customer premises equipment (SCPE) is equipment, used on the premises of a person to originate, route, or terminate telecommunications, which is commonly used by individuals with disabilities to achieve access. For example, direct-connect TTYs are considered SCPE that must be accessible under the Section 255 mandates. The rules make clear that assistive technology devices such as hearing aids or eyeglasses, which have a broad application outside the telecommunications context, even if used in conjunction with peripheral equipment or SCPE, are not peripheral equipment or SCPE.

NETWORK FEATURE, FUNCTIONS, AND CAPABILITIES

The Telecommunications Act of 1996 also added Section 251(a)(2) to the Communications Act. This section prohibits telecommunications carriers from installing network features, functions, or capabilities that do not comply with the guidelines or standards established pursuant to Section 255. The Commission explains that this means telecommunications carriers must not install service logic and databases associated with routing telecommunications services, whether residing in hardware or software, that do not comply with the accessibility requirements of its rules.

READILY ACHIEVABLE

Companies are required to make their products and services accessible to and usable by people with disabilities, only if it is "readily achievable" to do so. In determining what is readily achievable, companies must consider the cost of the access needed, the nature of the access, and the resources of the company. For the most part, the readily achievable analysis requires a balancing of the burden of providing access with the available resources of the company covered by Section 255. Access features which would so fundamentally alter a product that they would reduce substantially the functionality of the product or substantially deter use of the product by other individuals, are not likely to be readily achievable. Similarly, companies do not need to incorporate access features which are not technically possible. Companies wishing to use any of these defenses must provide evidence to back up their assertions.

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OVERVIEW OF SECTION 508

In 1998, Congress strengthened Section 508 of the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Section 508 requires all Federal agencies to procure, maintain, and use electronic and information technology that is accessible to (1) federal employees with disabilities, and (2) individuals with disabilities outside the federal government who need government information, unless doing so would impose an undue burden on the agency. Under Section 508, agencies must give employees and members of the public who have disabilities access to information that is comparable to the access available to others.

Section 508 is overseen by the Architectural and Transportation Barriers Compliance Board (also called the Access Board). To assist with procuring accessible technologies, the Access Board issued specific technical requirements, which went into effect in June of 2001. Federal agencies must now use the Access Board's guidelines to revise their own policies for procuring and using electronic and information technology.
These technical requirements do not need to be followed if the features of the product or service provide equivalent facilitation - that is can be used by individuals with disabilities by a means not specified in the technical requirements. Examples of electronic and information technology include telecommunications equipment, computers (hardware and software), web-based applications (including governmental Internet sites), information kiosks, videotapes, and office equipment such as copiers and fax machines.

The Access Board's guidelines cover interactive voice response systems. The following are a few of the guidelines that may have some application to these systems:
· Telecommunications products or systems which provide a function allowing voice communication and which do not themselves provide a TTY functionality shall provide a standard non-acoustic connection point for TTYs. Microphones shall be capable of being turned on and off to allow the user to intermix speech with TTY use.
· Telecommunications products which include voice communication functionality shall support all commonly used cross-manufacturer non-proprietary standard TTY signal protocols.
· Voice mail, auto-attendant, and interactive voice response telecommunications systems shall be usable by TTY users with their TTYs.
· Voice mail, messaging, auto-attendant, and interactive voice response telecommunications systems that require a response from a user within a time interval, shall give an alert when the time interval is about to run out, and shall provide sufficient time for the user to indicate more time is required.
· Products that transmit or conduct information or communication, shall pass through cross-manufacturer, non-proprietary, industry-standard codes, translation protocols, formats or other information necessary to provide the information or communication in a usable format. Technologies which use encoding, signal compression, format transformation, or similar techniques shall not remove information needed for access or shall restore it upon delivery.
· When products provide auditory output, the audio signal shall be provided at a standard signal level through an industry standard connector that will allow for private listening. The product must provide the ability to interrupt, pause, and restart the audio at anytime.
The Section 508 guidelines also include requirements for access to user information, documentation and support, as follows:
· Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.
· End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.
· Support services for products shall accommodate the communication needs of end-users with disabilities.