In accordance with the 21^st Century Communications and Video Accessibility Act of 2010, the FCC adopted new accessibility, recordkeeping, certification, and consumer complaint rules to ensure that people with disabilities can access various communication services.  All covered providers, except those subject to a small entity exemption for certain services, must file an annual compliance certificate with the FCC by April 1, 2013 certifying that they have operating procedures in place to ensure compliance with the recordkeeping requirements.

Who must file by April 1? Telecommunications, interconnected VoIP, and advanced communication services (“ACS”) providers must file.  ACS providers include companies offering:

• New VoIP services not available before October 8, 2010;
• Non-interconnected VoIP services;
• Electronic messaging services (services that provide real time or near real time messages in text format, such as instant messaging); and
• Interoperable video conferencing services.

What must the certification contain? All covered providers must submit an annual certification through the FCC’s Recordkeeping Compliance Certification and Contact Registry that:

• Designates a contact person authorized to resolve accessibility-related complaints;
• Designates an agent to accept service of complaints; and
• Certifies that the company has established operating procedures adequate to ensure compliance with the recordkeeping rules and that the records are being kept accordingly.

Are any exemptions available? Yes.  The rules provide a temporary exemption from the accessibility and recordkeeping requirements for providers of ACS that are small entities as determined by the Small Business Administration (“SBA”).  Based on the SBA’s size standards, providers that have fewer than 1,500 employees, including affiliates, are automatically exempt from the accessibility and recordkeeping requirements.  The exemption expires October 8, 2013.

Note:  The small entity exemption applies only to providers as to their ACS offerings; it does not apply to telecommunications or interconnected VoIP offerings.  Providers of telecommunication services or interconnected VoIP services must file their compliance certificates by April 1, 2013 regardless of size.

The FCC has provided additional information about the rules in a recent Public Notice.

If you have any questions about the new rules, developing operating procedures, or filing certifications, please contact Bruce Beard at (314) 394-1535 or bbeard@cm-chi.com, Elvis Stumbergs at (202) 872-6881 or estumbergs@cm-chi.com, or Jake Baldwin at (312) 372-3930 orjbaldwin@cm-chi.com.