In 2010, Congress adopted sweeping new requirements for providers of "Advanced Communications Services" ("ACS") to make their products and services accessible to persons with disabilities, unless it is not "achievable" to do so. This landmark legislation applies to many providers not traditionally regulated by the FCC, including mobile app developers, electronic message boards, game portals, instant messaging providers and providers of in-app VoIP services (i.e., VoIP that does not replace traditional telephone services). Traditional telecom and VoIP carriers offering advanced communications and providers of interoperable video conferencing also are subject to the requirements.

The FCC rules are far-reaching and the obligations are complex. Affected providers are already subject to the new obligation to consider accessibility and soon will have significant record-keeping obligations as well. Further, the first reports to the FCC are due on April 1, 2013, giving providers very little time remaining to understand these daunting and complex rules and to take the actions necessary to provide the report to the FCC.

This Kelley Drye webinar discussed these new requirements. The webinar focused on the questions you need to answer quickly:

  • Who has to comply?
  • What has to be done?
  • When must it be done?
  • Are Waivers or Exceptions available?

In addition, with very few bright lines in this area, we offered practical suggestions that may help an entity to comply with the new requirements.