Friday, April 3, 1998 -- BNA Washington Insider
            Copyright (c) 1998 The Bureau of National Affairs, Inc.
                            (Article No. 50932304)

Communications
FCC SEEKS TELECOM ACCESS FOR DISABLED,
MOVES TO MODERNIZE, STREAMLINE PROCESSES

   WASHINGTON (BNA) -- The Federal Communications Commission proposed rules
April 2 intended to facilitate telecommunications use by the tens of millions
of persons with disabilities.

   In a unanimous 5-0 vote, FCC commissioners approved a notice of proposed
rulemaking for implementing Sec. 255 of the 1996 Telecommunications Act,
which requires telecommunications services and equipment to be made
accessible to individuals with disabilities "if readily achievable."

   The FCC said the proposed rules would give telecommunications carriers and
equipment manufacturers greater guidance on their obligations.

   At an open meeting, the FCC also approved three measures designed to
modernize and improve its processes:

   o  An order allowing for electronic filing via the Internet of documents
in many rulemakings and other proceedings;

   o  An NPRM to streamline its broadcast application and licensing
procedures, to decrease the administrative and filing requirements of
licensees, and to scrap unnecessary rules and procedures; and

   o  An order to simplify equipment authorization, to eliminate and relax
certification requirements for certain devices that have good compliance
records, and to move to electronic filing of equipment authorization
applications.

   FCC Chairman William Kennard said the items demonstrated the FCC's
commitment to deregulation and keeping up with the "information age."

   The FCC at the last minute pulled an item on establishing performance
measurements and reporting requirements for operations support systems--the
equipment and personnel that competitors of local exchange carriers (LECs)
need access to in order to serve customers over LEC networks. Kennard said
the item would be released soon.

Seeking Flexible Rules

   The FCC said Sec. 255 of the 1996 act was the most significant
governmental action for persons with disabilities since the 1990 Americans
with Disabilities Act (ADA). The provisions directed the FCC and the
Architectural and Transportation Barrier Compliance Board, to develop
guidelines for achieving greater telecommunications accessibility. The board
is an independent federal agency that promotes accessibility for persons with
disabilities.

   The FCC said it was proposing to adopt the "key substantive requirements"
of the board's guidelines, which came out in February. Industry would have "a
great deal of flexibility" on implementing the act's objectives, the FCC said.

   "Companies should have processes in place to ensure the consideration of
accessibility issues at the beginning of their design and development
process," Kennard said.

   The FCC proposed adopting the ADA definition of "readily achievable"
access: "easily accomplishable and able to be carried out without much
difficulty or expense."

   FCC Wireless Telecommunications Bureau Chief Dan Phythyon noted that the
Sec. 255 requirements had been in effect for more than two years, but he said
the proposed rules were intended to provide guidance to industry on a "going
forward" basis, not retrofitting equipment.

   Phythyon said the FCC was proposing to use the current definitions of the
"telecommunications" services that would be covered, which do not include
Internet traffic, but he said the commission would be interested in comments.

Speedy, Full Enforcement Promised

   The FCC also proposed a "fast track" process to resolve Sec. 255
complaints. If a complaint was found to be legitimate upon initial review,
Phythyon said, companies would be given five business days to resolve the
problem. If there was no resolution, the FCC would then determine if more
time was needed or if the requested access was feasible.

   Phythyon noted that where access was not readily achievable, companies
were still required to make sure their equipment or service was "compatible"
with special devices.

   The FCC said it would use its traditional enforcement powers where
companies did not comply. Kennard emphasized the FCC was prepared to "employ
the full range of penalties available to us" to ensure compliance.

   Other commissioners voiced support for the proposals, including Michael
Powell, who noted that he had learned what it was like to have a disability
during his year-long convalescence after an army accident.

   Commissioner Harold Furchtgott-Roth said that his support for new
regulations might surprise some, given his "well-deserved reputation" for
generally favoring deregulation.

   "A more accurate characterization of my views, however, is that I favor
rational regulation," Furchtgott-Roth said. "This rationality is achieved
only when the benefits of our rules significantly outweigh the costs of our
rules."

   He said the proposed rules met that test and he added that "this
particular area of regulation may well be a rare instance of where the
involvement of the federal government introduces efficiencies unlikely to
develop in the market."

   The Telecommunications Industry Association, the trade group for
telecommunications equipment manufacturers, vowed to work closely with the
FCC. TIA said it backed rules giving industry flexibility, a streamlined
complaint process, and protection of proprietary information.

   "We believe the commission can play an invaluable role in leading the
cooperative efforts of all affected parties to achieve workable FCC
guidelines and rules. . .," said TIA President Matthew Flanigan.

Expanding Electronic Filing

   FCC officials said the order expanding use of electronic filing would make
it easier for the public to participate in commission proceedings.
Commissioner Susan Ness said it would increase the "transparency" of the
agency's process.

   The commission had already instituted its Electronic Comment Filing System
for certain proceedings, but would be generally available for use when the
rules go in effect in early June. The FCC had originally intended only to
target rulemakings but in response to public comments will be making
electronic filing available for notices of inquiry, petitions for
rulemakings, and some other proceedings.

   Commissioner Gloria Tristani dissented from the decision to give parties
filing electronically a midnight deadline instead of 5:30 p.m. She said the
extra six-and-a-half hours gave those filing electronically an unfair
advantage over those submitting paper filings, including the possibility of
reviewing the earlier filings and adjusting  comments accordingly.

   "Millions of Americans do not have Internet access," Tristani said. ". . .
(T)hose with the resources to file electronically, and especially those
Washington insiders who know how to quickly obtain copies of paper filings,
will be the biggest winners."

   Ness noted that electronic submissions had to be received at the FCC by
midnight.

   The FCC said the order would augment electronic filing measures being
adopted separately by its bureaus.

Broadcast Procedural Changes

   The NPRM on the application and licensing procedures for broadcasters
includes a number of proposals to eliminate or simplify filings and other
requirements. Some of the steps were being taken as part of the "biennial
review" mandated every other year under Sec. 11 of the Communications Act,
which was added by the Telecommunications Act, the FCC said.

   The proposed moves reflected the FCC's belief that it could "prudently
increase its reliance on applicant certifications."

   At the same time, however, the FCC said it would institute a formal system
of "random audits" to ensure compliance, and it said that it would "severely
sanction" parties for a lack of "full disclosure or candor."

   Ness said the changes would "reduce the yoke of regulation" on
broadcasters, but she, Kennard, and Tristani emphasized that vigilant
enforcement efforts would be necessary to ensure that self-certification
works.

   Furchtgott-Roth said he backed the "streamlining" but said the item should
not be "mistaken for compliance with section 11," which he noted only applied
to telecommunications providers. Furchtgott-Roth has been critical of the
FCC's biennial review efforts so far.

   Edward Fritts, president and CEO of the National Association of
Broadcasters issued a statement that said, "We strongly support the
commission's efforts to reduce unneeded paperwork burdens on broadcasters.
This represents a proactive deregulatory step by the FCC."

Easing Equipment Authorization

   The FCC said its final order, reforming its equipment authorization
process, would almost cut in half the number of applications seeking such
authorization, from 3,500 to 1,800 a year. The commission said the changes
would save manufacturers at least $100 million.

   The FCC also noted that it was preparing items to privatize authorization
tasks and to implement "mutual recognition agreements" with other countries
under which parties selling equipment internationally would only have to be
authorized once.

   FCC officials said that much progress had been made with the European
Union and Asian countries.

   Ness said she supported reducing the unnecessary paperwork and delays, but
again emphasized the need for strong enforcement measures. She noted that
numerous devices emit signals that can produce harmful interference.

   -- By David Kaut