COAT Stunned that FCC Received Over 390 Disability Complaints During 6-Month Period in 2009

May 18, 2010, Washington, D.C.-- COAT commends the FCC for again issuing Public Notices about the number of disability-specific complaints it receives per quarter.  However, COAT remains very concerned about the lack of reporting about resolution of these concerns or if any are moved for further action to the FCC's Enforcement Bureau. COAT expects and demands better enforcement of the longstanding federal requirements for accessibility of communications technologies, especially now, in a world of a great technological change.

According to the FCC Public Notice, for the third quarter of 2009 (July 01, 2009 through September 30, 2009), the FCC's Disabilities Rights Office received 161 informal disability-related complaints. There were 20 informal complaints for Section 255 concerns, 65 for relay services issues, 67 for closed captioning issues and 9 complaints raised accessibility of emergency information on TV.

In the previous quarter (April 01, 2009 through June 30, 2009), the FCC Public Notice indicates they received 232 disability-related informal complaints. Of these, 26 complaints raised Section 255 issues, 47 raised relay service (TRS) issues, 147 raised closed captioning issues, 9 complaints involved provision of emergency information on TV, and 3 complaints raised hearing aid compatibility (HAC) issues.

While COAT notes that the Commission receives many inquiries, concerns and complaints that do not involve violations of the Communications Act, a Commission rule, or a Commission order, it appears there is a steady influx of these concerns. It is clear to us, that despite a fourteen year old federal requirement to design & develop phone devices & services for accessibility, a ten year old requirement for 100% captioning of new TV programming, and a 20 year old requirement for relay services, concerns & complaints continue at the same high rates as when the rules were first implemented. We remain particularly concerned about the 18 complaints in this 6-month period in 2009 that involved lack of access to emergency information on TV. We note that there has not been an enforcement order under these rules since 2007 according to the Enforcement Bureau website.  In summary, we are stunned at the continuing high rate of concerns and believe there is enforcement failure.

COAT is thankful for all the disability advocates and activists who took time out from their busy & demanding lives to file these 393 concerns at the FCC during that 6-month period in 2009. We know this takes time, effort and persistence.  We applaud your efforts to secure accessible and usable communications technologies.

COAT notes that the FCC's Disabilities Rights Office (DRO) processes informal complaints under several statutory authorities found in the nation's Communications Act. We have fought long and hard for these requirements and expect stronger implementation. These are: (1) access to telecommunications services and equipment (Section 255) (47 U.S.C. § 255); (2) telecommunications relay services (TRS) (47 U.S.C. § 225); (3) closed captioning (47 C.F.R. § 79.1); (4) accessibility of video programming providing emergency information (47 C.F.R. § 79.2), (5); and hearing aid compatibility (47 U.S.C. § 610).

To file a complaint, fill out the FCC online form, or visit the instructions page to download forms to mail or fax in.