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FCC Proposes Penalty Against Verizon For Telecom Accessibility Rule Violation

By Catherine Sbeglia Nin

Last week, The Federal Communications Commission’s (FCC) Enforcement Bureau proposed slapping Verizon with US$100,000 fine for reportedly failing to provide the Bureau with critical information related to customer accusations the carrier’s Premium Visual Voicemail service, which transcribes the first 45 seconds of voicemail messages into text, was inaccessible to individuals with disabilities, and therefore, violated the FCC’s telecom accessibility rules.

According to the filing, a customer with disabilities filed an informal complaint with the Commission’s Enforcement Bureau in 2021, indicating that this feature was inaccessible, and therefore, violated section 255 of the FCC Communications Act. Section 255 requires equipment manufacturers and service providers to “make their products and services accessible to people with disabilities, if such access is readily achievable.”

Following an investigation by the Bureau, it was ruled that Verizon had indeed not met its burden of proof to show that the service was either accessible or that accessibility was not readily achievable, and therefore, the complaint was settled in favor of the customer.

However, while Verizon filed its answer to the complaint in January 2022, the carrier, according to the FCC, “did not include a detailed description of any issues that may have impacted the ability of persons with disabilities to use Verizon’s visual voicemail, nor did it include any description or supporting documentation of actions that Verizon took to resolve these issues.”

The filing goes on to state: “Verizon did not provide any documents showing the Company’s due diligence during the design, development, testing, or deployment stages of its Premium Visual Voicemail service. For example, Verizon failed to produce any development or testing documentation, or even indicate the accessibility features of the service.”

As a result, the Bureau is now proposing the aforementioned penalty.

“The Enforcement Bureau takes seriously its investigations of companies’ compliance with the Commission’s accessibility rules,” said Acting FCC Enforcement Bureau Chief Loyaan A. Egal. “We will take appropriate action to ensure others appreciate the importance of these investigations and the need to fully respond to our requests for information.”

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