36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Comment. Comments from persons who are hard of hearing sought an increase in the number of phones required to have volume control. The proposed rule specified a minimum of 25%, but many urged that all public phones should have volume control.

Response. In the final rule, all public telephones are required to be equipped with volume control instead of 25%, as was proposed. This is consistent with other Board guidelines and standards covering access to telecommunications products and electronic and information technology. Section 255 of the Telecommunications Act of 1996,¹⁶ a comprehensive law overhauling regulation of the telecommunications industry, requires telecommunications products and services to be accessible. The Board was assigned responsibility to issue guidelines pursuant to section 255, which are known as the Telecommunications Act Accessibility Guidelines.¹⁷ These guidelines require all public telephones to be equipped with volume controls. A similar requirement is contained in standards ¹⁸ the Board issued under section 508 of the Rehabilitation Act of 1973, as amended,¹⁹ which requires access to electronic and information technology developed, procured, maintained, or used by Federal agencies. Since all new phones are to be equipped with volume controls, the requirement for identifying signage (a specified pictogram featuring a handset with radiating sound waves) has been removed.