Disability Access - US Developments in Standardization & Conformity Assessment Stephen Berger TEM Consulting (512) 8

1. Disability Access - US Developments in Standardization & Conformity Assessment Stephen BergerTEM Consulting (512) 864-3365stephen.berger@ieee.org

2. Overview • The Regulations • Status & Development • Future Direction

3. Key Accessibility Laws & Regulations • 1988 Hearing Aid Compatibility (HAC) Act • Regulation – 47 CFR 68.316-317 • 1990 Americans with Disabilities Act (ADA) • 1996 Telecommunications Act (Section 255) Regulation – 36 CFR 1193 1998 Workforce Investment Act(Section 508)Regulation – 36 CFR 1194

4. Status – HAC Act • Removal of Wireless Exemption • FCC Notice of Proposed Rulemaking (NPRM)(FCC Docket 01-309) • Adopted: October 29, 2001 Released: November 14, 2001 Comments: January 11, 2002 Reply Comments: February 11, 2002 • If adopted would remove exemption for cellular and PCS phones and require that they be Hearing Aid Compatible

5. Status – ADA • Justice Department to publish requirements for accessible ATM machines within 12-18 months • Long term trend to expand ADA requirements from the built environment to the technology infrastructure. Requirements for ATMs and voting equipment are two examples

6. Status – Section 255 • FCC Consumer Information Bureau release report on consumer complaints (October 23, 2001). • No mention of Section 255 related complaints. • Summary of Top Consumer Complaint SubjectsThird Quarter - Calendar Year 2001Processed by the FCC's Consumer Information Bureau

7. Status – Section 508 • Section 508 became effective June 21, 2001 and is mandatory for all government procurements. • Center for IT Accommodation (CITA) & 508 Coordinators Council (www.section508.gov) • Access Board providing technical guidance • GSA Developing Training • Accessible Conferences • Buying Accessible E&IT • Section 508 Coordinators • NIDRR & GSA Grants • Accessibility Forum • Technical Assistance and Training Center

8. Status – Accessibility Standards • ANSI C63.19 - "American National Standard for Methods of Measurement of Compatibility between Wireless Communications Devices and Hearing Aids" • ISO/IEC Guide 71 – "Guidelines for standards developers to address the needs of older persons and persons with disabilities" • ANSI/HFES 200 – “Human Factors Engineering of Software User Interfaces” • Federal Election Commission includes Accessibility in revision of Voting Equipment Standards (www.fec.gov). • IEEE P1583 also includes accessibility in its Voting Equipment Standards (grouper.ieee.org/groups/scc38)

9. Structural Issues • Employment continues to be a dominant concern followed by enfranchisement • Political support for accessibility continues • Technical Capacity of the ‘system’ is very limited • Solutions dominated by academic sources

10. Future Direction • FCC Decision on Wireless HAC • Section 255 driven by consumer complaints and consumer advocacy • Diverse activities assisting the effective integration of Section 508 into the government procurement system • New Freedom Initiative II & related executive order

11. History of ICSCA Resolutions ICSCA IV – January 1999 Resolution 29 – Disability Access ICSCA IV profoundly respects the concerns of people with disabilities particularly regarding their need to have access to new and emerging Telecommunications and Information Technology equipment and services. In order to effectively address these needs and better insure that the largest possible portion of the population has the ability to use such equipment and services, the ICSCA encourages the following: • A constructive dialogue for the purpose of finding consensus solutions to expanded access. The ICSCA believes that collaboration of experts from the IT and Telecommunications industries with the assistive technology industry, the disability community, regulators and others with an interest in these issues will quickly lead to solutions. • The ICSCA believes that the most effective and efficient solutions will be developed through consensus of the parties concerned. • Where regulations are required, ICSCA encourages their implementation using the SDoC process.

12. History of ICSCA Resolutions ICSCA V – October 1999 Resolution 3 – Disability Access ICSCA V welcomes Mr. Dale Hatfield from FCC and his offer to provide more detailed information on the release of Section 255 and the FCC coordination efforts on accessibility. In particular ICSCA V welcomes his interest in European views on this important subject.

13. History of ICSCA Resolutions ICSCA V – October 1999 Resolution 15 – Disability Access & Int’l Harmonization Based on the FCC presentation and discussions, ICSCA V profoundly respects the concerns of people with disabilities, particularly regarding their need to have access to new and emerging Telecommunications and Information Technology equipment and services. In order to effectively address these needs and better ensure that the largest possible portion of the population has the ability to use such equipment and services, ICSCA V encourages the following: 1.       The ICSCA V believes that the most effective and efficient solutions will be developed through consensus of the parties concerned. ICSCA V further believes that collaboration of experts from the IT and Telecommunications industries with the assistive technology industry, the disability community, regulators and others with an interest in these issues will quickly lead to solutions. 2.       Where regulations require a statement of compliance, ICSCA V encourages their implementation using the SDoC process. 

14. History of ICSCA Resolutions ICSCA V – October 1999 Resolution 15 – Disability Access & Int’l Harmonization (Con’t) 3.  Noting that Global Standard Collaboration 5 (GSC5) Resolution 3 provided for sharing of user needs among participating standards organizations (PSOs) and that this is particularly useful for the needs of persons with disabilities; ICSCA V further resolves: a)           To encourage ICSCA members to work with Standards Development Organizations (e.g., ITU, ISO, IEC, W3C, and national/regional SDOs) which are addressing standardized means to ensure access to telecommunications and information technologies by persons with disabilities, b)           That disabilities are not typically defined by geopolitical boundaries, c)           That global solutions will achieve a harmonized approach, d)           That a consensus among all interested parties should be achieved and there should be outreach to affected consumers, e)           That manufacturers and suppliers may also desire non-standardized means of adapting their products to achieve accessibility to ensure market differentiation, and f)             To support the GSC sharing of information among PSOs to achieve harmonized solutions.

15. History of ICSCA Resolutions ICSCA VII – February 2001 4.15 - Standards and regulations for product accessibility to people with disabilities Recognizing the urgent need of people with disabilities for access to new and emerging technologies and services, and the unique global industry role that ICSCA can play, ICSCA will: . share information about accessibility standards and regulations among ICSCA members; . encourage the use (by governments and others) of accessibility performance standards, instead of prescriptive design standards which would hinder rather than promote innovation; and which encourages interoperability with assistive technologies. . encourage outreach programs by individual ICSCA members in support of efforts to meet or exceed the product or service performance needs of people with disabilities; and: . pay particular attention to preventing diverging accessibility standards, procurement practices and regulatory approaches between regions (e.g., Asia, North America, and Europe). Further, ICSCA VII resolves that this issue will be raised within the TABD 2001 EETIS Group.

16. History of ICSCA Resolutions Proposed - ICSCA VIII – February 2002 4.4.3 - Standards and regulations for product accessibility to people with disabilities • ICSCA VIII continues to affirm ICSCA historic support for people with disabilities particularly regarding their need to have access to new and emerging Information Technology and Telecommunications equipment and services. ICSCA VIII continues its resolves: • That disabilities are not typically defined by geopolitical boundaries, • That global solutions will achieve a harmonized approach, • To share information about accessibility standards and regulations among ICSCA members • To encourage the use (by governments and others) of accessibility performance standards, instead of prescriptive design standards, • To encourage outreach programs by individual ICSCA members in support of efforts to meet or exceed the product or service performance needs of people with disabilities.