47 U.S.C. § 255 — Access by persons with disabilities

Page 109 TITLE 47—TELECOMMUNICATIONS § 256 1 See References in Text note below. ‘‘(b) DISCLAIMER REGARDING PRIVACY.—Nothing in this title or the amendments made by this title shall be construed to require the tracking of Internet use by any identifiable minor or adult user.’’ EXPEDITED REVIEW Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1741], Dec. 21, 2000, 114 Stat. 2763, 2763A–351, provided that: ‘‘(a) THREE-JUDGE DISTRICT COURT HEARING.—Not- withstanding any other provision of law, any civil ac- tion challenging the constitutionality, on its face, of this title [see Short Title of 2000 Amendments note set out under section 6301 of Title 20, Education] or any amendment made by this title, or any provision there- of, shall be heard by a district court of three judges convened pursuant to the provisions of section 2284 of title 28, United States Code. ‘‘(b) APPELLATE REVIEW.—Notwithstanding any other provision of law, an interlocutory or final judgment, decree, or order of the court of three judges in an ac- tion under subsection (a) holding this title or an amendment made by this title, or any provision there- of, unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court. Any such appeal shall be filed not more than 20 days after entry of such judgment, decree, or order.’’ UNIVERSAL SERVICE FUND PAYMENT SCHEDULE Pub. L. 105–33, title III, § 3006, Aug. 5, 1997, 111 Stat. 269, related to appropriations to the Universal Service Fund in support of programs established pursuant to rules implementing this section and adjustment of pay- ments by telecommunications carriers and other pro- viders of interstate telecommunications prior to repeal by Pub. L. 105–119, title VI, § 622, Nov. 26, 1997, 111 Stat. 2521. Section 622 of Pub. L. 105–119 provided further that: ‘‘This section shall be deemed a section of the Balanced Budget Act of 1997 [Pub. L. 105–33, see Tables for classification] for the purposes of section 10213 of that Act (111 Stat. 712) [2 U.S.C. 902 note], and shall be scored pursuant to paragraph (2) of such section.’’ § 255. Access by persons with disabilities (a) Definitions As used in this section— (1) Disability The term ‘‘disability’’ has the meaning given to it by section 12102(2)(A) 1 of title 42. (2) Readily achievable The term ‘‘readily achievable’’ has the meaning given to it by section 12181(9) of title 42. (b) Manufacturing A manufacturer of telecommunications equip- ment or customer premises equipment shall en- sure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achiev- able. (c) Telecommunications services A provider of telecommunications service shall ensure that the service is accessible to and usable by individuals with disabilities, if readily achievable. (d) Compatibility Whenever the requirements of subsections (b) and (c) are not readily achievable, such a manu- facturer or provider shall ensure that the equip- ment or service is compatible with existing pe- ripheral devices or specialized customer prem- ises equipment commonly used by individuals with disabilities to achieve access, if readily achievable. (e) Guidelines Within 18 months after February 8, 1996, the Architectural and Transportation Barriers Com- pliance Board shall develop guidelines for acces- sibility of telecommunications equipment and customer premises equipment in conjunction with the Commission. The Board shall review and update the guidelines periodically. (f) No additional private rights authorized Nothing in this section shall be construed to authorize any private right of action to enforce any requirement of this section or any regula- tion thereunder. The Commission shall have ex- clusive jurisdiction with respect to any com- plaint under this section. (June 19, 1934, ch. 652, title II, § 255, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 75.) Editorial Notes REFERENCES IN TEXT Section 12102 of title 42, referred to in subsec. (a)(1), was amended generally by Pub. L. 110–325, § 4(a), Sept. 25, 2008, 122 Stat. 3555, and, as so amended, provisions formerly appearing in par. (2)(A) are now contained in par. (1)(A). § 256. Coordination for interconnectivity (a) Purpose It is the purpose of this section— (1) to promote nondiscriminatory accessi- bility by the broadest number of users and vendors of communications products and serv- ices to public telecommunications networks used to provide telecommunications service through— (A) coordinated public telecommuni- cations network planning and design by tele- communications carriers and other pro- viders of telecommunications service; and (B) public telecommunications network interconnectivity, and interconnectivity of devices with such networks used to provide telecommunications service; and (2) to ensure the ability of users and infor- mation providers to seamlessly and trans- parently transmit and receive information be- tween and across telecommunications net- works. (b) Commission functions In carrying out the purposes of this section, the Commission— (1) shall establish procedures for Commis- sion oversight of coordinated network plan- ning by telecommunications carriers and other providers of telecommunications service for the effective and efficient interconnection of public telecommunications networks used to provide telecommunications service; and (2) may participate, in a manner consistent with its authority and practice prior to Feb- ruary 8, 1996, in the development by appro- priate industry standards-setting organiza-