This is a reminder that on April 1, the Federal Communications Commission (FCC) requires that a range of businesses, including many that have otherwise not been regulated by the FCC must certify their compliance with the recordkeeping requirements of The Twenty-First Century Communications and Video Accessibility Act of 2010 (“CVAA”). The CVAA requires that companies consider, when designing their products and services, the accessibility and usability of those products by individuals with disabilities. Under FCC rules, products must be made accessible by October 8, 2013. As of January 30, 2013 (as noted in the attached client advisory) businesses were required to keep records of their efforts to make their products accessible. On April 1, 2013 and every April 1 thereafter, businesses must file a certification with the FCC attesting that they have been keeping records in accordance with the CVAA.

The FCC has made clear that they intend these rules to apply to a wide range of businesses, well beyond those traditionally regulated by the FCC. Providers and manufacturers of the following products and services, among others, must comply:

  • Text messaging
  • Instant messaging
  • Electronic mail (email),
  • Services that permit two-way limited communication between members of a social network (e.g., any chat or email like functions of a social network, but not public posts on a social network)
  • Interconnected VoIP
  • Mobile browsers
  • Interoperable Videoconferencing
  • Manufacturers of the end-user physical equipment used to access these services, including general purpose devices