36 CFR Part 1193 Telecommunications Act (Section 255) Accessibility Guidelines - Preamble

II. Summary of Significant Issues Raised By the Public Comments in Response to the Initial Regulatory Flexibility Certification.

The Board received a number of comments regarding the application of the term "readily achievable." The majority of those comments addressed the application of factors to be considered in determining whether compliance with the act was "readily achievable." In particular, questions were raised regarding the resources of a parent company, comparable products, fundamental alteration of a product, monetary resources, and technological expertise. The comments received by the Board in relation to the application of the term "readily achievable" are discussed in further detail in the Supplementary Information section above. (See 1193.3 Definitions.)

Section 255 of the Telecommunications Act defines "readily achievable" as having the same meaning as in the ADA. In the guidelines, "readily achievable" is further defined in Section 1193.3 (Definitions) as "easily accomplishable and able to be carried out without much difficulty or expense." The Board expects that the FCC will ultimately set forth factors that it will use to judge compliance under the readily achievable provisions of the Telecommunications Act. In the interim, the Board has provided a list of factors derived from the ADA as advisory guidance to assist manufacturers in making readily achievable assessments. Those factors include (a) the nature and cost of the action needed to provide accessibility or compatibility; (b) the overall resources of the manufacturer, including financial resources, technical expertise, component supply sources, equipment, or personnel; (c) the overall financial resources of any parent corporation or entity, to the extent such resources are available to the manufacturer; and (d) whether the accessibility solution results in a fundamental alteration of the product. This latter factor, derived by extension from the "undue burden" criteria of the ADA, takes into consideration the effect adding an accessibility feature might have on a given product.

Inherent in the concept of "readily achievable" is a recognition of the differences in the size and resources of manufacturers and readily achievable assessments will necessarily require a case by case determination of the impact of the regulations on small businesses.