On October 22, 2013, the Consumer & Government Affairs Bureau of the FCC extended its review of the petition. It did so by granting a temporary waiver – until January 28, 2014 – for compliance with its ACS rules to a class of e-reader equipment. The waiver noted that over the next three months, the Consumer and Governmental Affairs Bureau would further evaluate the primary purpose of the e-reader equipment in question and examine the product life cycle of such e-readers to determine the appropriate duration of any further waiver, should it be granted.

The waiver applies only to e-reader devices that: (1) have no LCD screen; (2) have no camera; (3) are not offered or shipped to consumers with built-in ACS client applications, though the devices may include a browser and social media applications; and (4) are marketed to consumers as reading devices and promotional material does not advertise the capability to access ACS.

• EPCRA requires companies to notify state and local planning and emergency response authorities, and local fire departments, of the presence of certain chemicals at their facilities. These requirements can be triggered by telecommunications operations involving sulfuric acid and lead-acid batteries, as well as diesel, lead, halon, and propane.
  
• Under the Clean Air Act (“CAA”), states may require a permit before construction of any source of pollution, such as for generators at telecommunications facilities. The CAA also regulates the use of various refrigerants that may be used in air conditioning units used to cool telecommunications equipment.
  
• The Clean Water Act ("CWA") requires companies that store oil or petroleum to prepare and keep updated written Spill Prevention, Control, and Countermeasure plans. Telecommunications facilities with oil storage tanks for use in back-up generators or for vehicle fueling may require an SPCC plan.
  
• The Resource Conservation and Recovery Act ("RCRA") requires generators of hazardous waste to identify and manage the waste properly. Telecommunications operations may involve the handling of waste batteries and fluorescent lamps, which are subject to "universal waste" storage and labeling requirements, and may generate other wastes that qualify as hazardous under EPA regulations.

Navigating these obligations can be complex. The EPA encourages industry self-evaluation and correction through its Audit Policy, which provides incentives, in the form of reduced penalties (often substantially), for companies that voluntarily disclose and correct violations. To learn more about this issue, please click here to read the complete Kelley Drye Client Advisory.

Kelley Drye’s Telecommunications practice is experienced in addressing FCC technical and regulatory compliance; certification and reporting obligations; and confidentiality and enforcement matters. Kelley Drye’s Environmental Law practice has significant experience in auditing facilities for compliance with EPA programs and successfully navigating the requirements of the Audit Policy.

The Coalition seeks a class waiver from the accessibility requirements for e-readers, such as Kindles, on the grounds that such devices are designed, marketed and used primarily for reading and not for ACS, although they may include some simple browsing and messaging capabilities (e.g., to email documents for viewing on the e-reader). The Coalition proposes that the waiver apply only to devices that: (1) have no LCD screen; (2) have no camera; (3) are not offered or shipped to consumers with built-in ACS client applications, though the devices may include a browser and social media applications; and (4) are marketed to consumers as reading devices and promotional material does not advertise the capability to access ACS.