FCC Extends Disability Rules to VoIP and Proposes New E911 Standards
In its Report and Order (“Order”), released June 15, 2007 (adopted
May 31, 2007), the Federal Communications Commission (“FCC”) extended the disability access requirements of the
Communications Act of 1934, as amended, to interconnected Voice over Internet Protocol (“VoIP”) providers and
equipment manufacturers. On May 31, 2007, the FCC also released a Notice of Proposed
Rulemaking (“Notice”) advancing various proposals involving Enhanced 911 (“E911”) location accuracy
standards, including a tentative conclusion to apply the accuracy standards for commercial mobile radio services (“CMRS”)
to certain interconnected VoIP services that can be used in more than one location.
In addition to interconnected VoIP providers, the proposals in the Notice also stand to impact wireless or CMRS providers.
The FCC’s
Notice and Order illustrate an ongoing trend by the agency to further regulate
VoIP offerings. In the last few years, the FCC has already extended various regulatory
requirements to VoIP providers. Previous FCC decisions have required VoIP providers
to comply with Universal Service Fund (“USF”) contribution requirements, Communications Assistance for Law Enforcement
Act (“CALEA”) requirements, and E911 requirements.
Disability Access and VoIP
Section 255 Requirements
The most recent
version of Section 255 of the Communications Act was adopted in 1999 to help ensure that both telecommunications equipment
and services would be developed to be accessible to individuals with disabilities, if readily achievable. Since then, VoIP services have evolved and proliferated to a point where the FCC has taken special note
of the increasing use of VoIP services as a substitute for traditional landline telephones.
Consequently, the FCC commenced a rulemaking proceeding, on March 10, 2004, to determine whether or not Section 255 applies to interconnected VoIP providers.
The FCC’s
June 15, 2007 Order officially concludes that interconnected VoIP service providers (which
allow users to receive calls from and terminate calls to the Public Switched Telephone Network) are now required to comply
with the disability access obligations in Section 255 of the Communications Act. The
Order further applies Section 255 obligations to manufacturers of equipment or
Customer Premises Equipment (“CPE”) designed to provide interconnected VoIP services or needed to effectively
use VoIP services.
Specifically, the
new rules require that a service provider must ensure its service is accessible to and usable by individuals with disabilities,
if readily achievable. Manufacturers must ensure that equipment is designed,
developed, and fabricated so that any portion is accessible to and usable by individuals with disabilities, if readily achievable. If either is not readily achievable, providers and manufacturers are required to make
certain that services and equipment will be compatible with existing devices or equipment currently used by individuals with
disabilities to achieve access.
Both service providers
as well as VoIP equipment and CPE manufacturers are required to make accessible the information and documentation provided
in connection with their service or equipment. Furthermore, providers and manufacturers
are also required to: (1) consider accessibility throughout the design, development and fabrication process of services and
equipment; (2) consider accessibility issues in the development of training for employees; and (3) maintain records of their
compliance efforts that can be presented to the FCC in the event of consumer complaints.
Finally, the Order also requires all Section 255 covered providers and manufacturers to designate
a company contact person/agent to handle accessibility complaints and inquiries. Contact
information for a designated agent (including name, company name, address, email, phone and fax numbers, and whether the company
is a manufacturer or provider) must be emailed to SECTION255_POC@fcc.gov within thirty (30) days of the effective date of the new rules.
Section 225 (TRS)
Requirements
As part of the proceeding
to evaluate Section 255 obligations, the FCC also attempted to determine what changes needed to be made to the Interstate
Telecommunications Relay Services (TRS) Fund. These services allow individuals
with hearing or speech disabilities to make and receive telephone calls with the assistance of an operator. Accessing TRS can be accomplished by dialing the 711 access number.
TRS, which is governed by Section 225 of the Communications Act, is funded by contributions from all carriers providing
interstate services based on revenue information reported on the FCC Form 499-A.
The June 15, 2007
Order also extends the requirements of Section 225 to interconnected VoIP service
providers. Thus, interconnected VoIP providers will be required to make contributions
to the Interstate TRS Fund beginning on the effective date of the rule revisions. For
the 2007-2008 TRS Fund Year, interconnected VoIP providers will be assessed contributions (based on 2007 revenues) on a pro-rated
basis. Section 225 also requires that interconnected VoIP providers implement
711 abbreviated dialing access to TRS. Providers are allowed to implement 711
access using the most economical and efficient means they choose. Finally, interconnected
VoIP providers are required to conduct ongoing education and outreach programs to publicize the availability of 711 access
to the largest number of consumers possible.
Proposed E911 Standards for VoIP
The FCC’s
Notice, released on May 31, 2007, contained a range of proposals for changes to current E911 standards and regulations. The Notice requests public comment on proposals to clarify the geographic scope of accuracy reporting,
implement new technologies, and require mandatory schedules and methods for compliance testing, among other things (see list
below). Furthermore, the Notice seeks to address several proposed changes to
the accuracy standards and requirements for E911 services, including applying the accuracy standards of circuit-switched CMRS
to interconnected VoIP services that may be used in more than one location.
There are currently
different accuracy standards for network-based and handset-based technologies. Network-based
technologies (using a form of triangulation) are required to report latitude and longitude information within accuracy of
100 meters for 67 percent of calls and 300 meters for 95 percent of calls. Handset-based
technologies (handset based GPS) have requirements of 50 meters for 67 percent of calls and 150 meters for 95 percent of calls. The FCC’s Notice tentatively concludes that, instead of the bi-furcated standards,
a single, technology neutral, location accuracy requirement will be adopted. Moreover,
due to advances in location technology, the FCC proposes to make location accuracy standards even more stringent than required
by either of the current standards.
The FCC’s
Notice also tentatively concludes that certain interconnected VoIP services must utilize automatic location technology meeting
the same accuracy standards that apply to services provided by circuit-switched CMRS.
This would only apply to interconnected VoIP services that can be accessed in more than one location, as opposed to
purely “fixed” VoIP services. For example, “portable”
VoIP services, which may utilize handsets that can be used from any location with a broadband connection, would be subject
to the same accuracy standards as either the network- or handset-based technologies described above. Furthermore, these interconnected VoIP services would be required to comply with the more stringent accuracy
standards if and when they are introduced.
Unless otherwise noted, public comments for proposals and issues addressed in the Notice are due August 20, 2007, and reply comments are due September 18, 2007. Filings related to this Notice should refer to
PS Docket No. 07-114 and WC Docket No. 05-196.
Other E911 Issues
Addressed in the Notice
- The FCC seeks to address ambiguities
about the geographic areas that service providers use to test and measure accuracy and compliance levels for E911 service
required under Section 20.18(h) of the FCC’s rules (“Phase II”). The
FCC seeks public comment on a tentative rule (and when that rule should take effect) that carriers required to meet Phase
II requirements need to do so at the geographic area of each local Public Safety Answering Point (“PSAP”), as
opposed to averaging compliance levels over an entire state or service area. Public comments for this proposal are due July 5, 2007, with reply comments due July 11, 2007.
- The FCC proposes to implement a single,
technology-neutral, location accuracy standard to provide uniformity in the system.
As a corollary, the FCC is considering the implementation of an even higher accuracy requirement than what Phase II
already calls for. This enhanced accuracy requirement could require other location
data such as elevation information.
- The FCC further seeks comment on the
advances in various types of location technologies, and whether or not a hybrid (handset- and network-based) or other type
of technology would provide a better solution to improving location accuracy.
- The FCC also wishes to address concerns
about the compatibility of E911 location technologies in situations involving roaming (wireless callers who are roaming on
another carrier’s network may not be provided Phase II service at all because that carrier is employing both a different
type of wireless technology and location technology). The FCC seeks comment on
whether a single technology could be employed across all platforms to achieve the required accuracy.
- The FCC would like to inquire as to
what methodologies carriers should employ to test for compliance with accuracy requirements, and whether any such methodology
should be adopted in the FCC’s rules. The FCC tentatively concluded that
a mandatory testing schedule would be implemented, and requests comments on what testing intervals to use and how to handle
the data generated from the tests (i.e. whether or not it needs to be filed with organizations other than the PSAP).
Please do not hesitate
to contact us if you need assistance in complying with any of the new disability access rules, or if you have questions regarding
the E911 Notice described above.
June 2007
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