This is a reminder that telecommunications carriers, interconnected VoIP and advanced communications services providers must file their annual CVAA compliance certificate by April 1, 2019 in the “Recordkeeping Compliance Certification and Contact Information Registry” (RCCCI Registry).

The 2018 Public Notice reminds service providers (and equipment manufacturers) that are subject to Section 255, 716, or 718 of the Communications Act of their obligation to maintain records of the efforts they take to implement the CVAA accessibility requirements and also their obligation to file their annual CVAA Certifications in the RCCCI Registry (step-by-step filing instructions for new and returning filers are described in the Commission’s 2016 Public Notice). While the FCC has not yet released a 2019 Public Notice, we anticipate the CVAA filing process to remain the same as 2018. We will circulate this year’s Notice once it is published.

As you may recall, covered entities must certify that, as of January 1, 2018 and until December 31, 2018, the service provider has established operating procedures that are adequate to ensure compliance with the CVAA recordkeeping rules and that it is keeping records accordingly. The certificate must be supported by an affidavit or declaration under penalty of perjury, signed and dated by the authorized officer of the company with personal knowledge of the representations provided in the company’s certification, verifying the truth and accuracy of the information therein. This filing must also include the current contact information for consumers’ reference and a current U.S. agent for service contact information. Once complete, the filing must be submitted in the RCCCI Registry no later than April 1, 2019.

Section 718 requires providers of mobile service to ensure that the functions of the Internet browser that they include or arrange to be included in such telephones are accessible to and useable by individuals who are blind or have a visual impairment, unless doing so is not achievable. In order to comply with Section 718, service providers that arrange for Internet browsers on their mobile phones must:

  • Consider performance objectives and accessibility issues early in the browser design stage;
  • Identify barriers to browser accessibility and usability as part of their evaluation when considering accessibility performance objectives;
  • Ensure that if the chosen browser supports a specific web standard, approved standards recommendations, or technology that supports accessibility features and capabilities, the browser uses those capabilities, unless doing so is not achievable; and
  • Provide accessible information and documentation to customers.

Covered service providers must maintain records of their efforts to implement Section 718. Such records include:

  • Information on its efforts to consult with individuals with disabilities;Descriptions of the accessibility features of its products and services; and
  • Information about the compatibility of its products and services with peripheral devices or specialized customer premise equipment that is commonly used by individuals with disabilities to achieve access.

Please do not hesitate to contact us if you have any questions or would like assistance with this filing.