Market-Based Solutions for Improving Telecommunications Access and Choice For Consumers With Disabilities

Section 255 of the Telecommunications Act of 1996 requires telecommunications equipment and services to be accessible to and usable by consumers with disabilities if “readily achievable” (47 U.S.C. § 255(a)(b)(c)). This article suggests that the narrow application of the “readily achievable” standard using a product line approach limits access and choice with respect to telecommunications products for consumers with disabilities. As defined by Congress, the efforts that manufacturers must take to comply with section 255 are limited to those that can be accomplished “without much difficulty or expense.” Product manufacturers have discretion in choosing which of their products are accessible to and usable by consumers with disabilities. The author suggests that a broader application of the readily achievable standard using a universal design approach will maximize consumer and company goals and conserve public resources. Implications for telecommunications access policy reform are discussed.