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Section 255


Some disabilities advocacy groups argue that Section 255 is the most significant disabilities legislation to have been passed since the Americans with Disabilities Act (ADA) 1990. It is one in a series of landmark legislation that aims to bring about the integration of people with disabilities in society, including increased access to telecommunications, electronic and information technology. In some ways, Section 255 is an attempt to make sure that wherever practical, nobody has to miss out on the power of the telephone or internet because of a mismatch between what the user can reasonably do, and how the product or service requires the user to interact with it.

Section 255 of the Telecommunications Act 1996 requires that wherever it is technically and financially realistic to do so, makers of telecommunication equipment or customer premises equipment must design, develop, and build products that are accessible to, and usable by, people with disabilities. Both wired and wireless networks are included in this provision. Similarly, providers of telecommunications services must make their services accessible and usable.

If accessibility for a given product or service is not readily achievable, then the manufacturer or provider must wherever practical, make it compatible with existing peripheral devices, or specialized equipment which are typically used by people with disabilities to achieve access (such as add-on peripheral devices or TTY).

These requirements affect suppliers of a wide range of products and services from basic telephone service, to pagers, to internet telephony applications and special services such as call waiting and caller ID. The rules also cover interactive voice response systems that present callers with menus of choices, and services such as voicemail. The Federal Communications Commission's (FCC) rules say that networks must be designed in a way that does not hinder access by people with disabilities.

The FCC's Final Rules on Section 255 went into effect on January 28, 2000. The requirements apply to products and services which have been designed, developed and built (all three events must have occurred after February 1996) after the Act was enacted. There is no requirement to retrofit existing equipment.

Only the FCC can notify and try complaints against manufacturers and providers: there are sanctions and penalties when a complaint is upheld.