ADA – U.S. Access Board Issues Correction to ICT Refresh Final Rule

U.S. Access Board Issues Correction to ICT Refresh Final Rule

The U.S. Access Board has issued a correction to its updated accessibility requirements for information and communication technology (ICT) to restore provisions on TTY access that were inadvertently omitted. The action applies to the final rulethe Board published last January to jointly refresh its Rehabilitation Act (Section 508) standards for ICT in the federal sector and its Communications Act (Section 255) guidelines for telecommunications equipment.

The original Section 508 standards and Section 255 guidelines required that devices with two-way voice communication support use of TTY devices which provide text communication across phone connections for persons with hearing or speech impairments. In its ICT refresh, the Board had proposed replacing this provision with a requirement for real-time text (RTT) functionality, a new technology with significant advantages over TTYs. RTT transmits text in virtual real-time as each character is typed, whereas TTY messages can only be sent individually in sequence. Also, RRT technology is directly compatible with wireless and Internet protocol (IP) based networks.

In finalizing its rule, however, the Board chose to reserve the RTT requirement because the Federal Communications Commission had initiated its own rulemakingto address RTT functionality over TTY compatibility in IP-based telecommunication environments. In doing so, the Board intended to add the original TTY provision back into the rule, but the necessary language was unintentionally left out. The recent correction restores the TTY requirement with minor editorial changes for consistency with the new format and terminology of the updated requirements (Section 412.8). It also corrects a couple typographical errors in other sections of the rule. The corrections become effective March 23, 2018 without further action unless adverse comments are received within 30 days.