Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2025

On March 3, 2025, the Federal Communications Commission (FCC) released a Public Notice reminding service providers and equipment manufacturers to maintain records documenting compliance efforts to make their technology accessible for persons with disabilities and submit their annual recordkeeping compliance certifications and contact information to the FCC no later than April 1, 2025.

Covered entities include those providing traditional telecommunications services, interconnected VoIP, advanced communications services (ACS) (which includes non-interconnected VoIP, electronic messaging services, and interoperable video conferencing), and mobile web browsers, as well as those that manufacture equipment that provides such services. Unless subject to a waiver, the certifications are required in connection with the accessibility obligations imposed by the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The certifications, which attest that the covered entity has recordkeeping processes in place that comport with FCC rules, must be made by an authorized officer with actual knowledge of the entity's recordkeeping processes and filed through the FCC's online registry. Filing instructions are located here.

CVAA Recordkeeping Requirements

Pursuant to Section 14.31 of the FCC's rules, covered service providers and equipment manufacturers not subject to waivers must keep records of:

1. Efforts to consult with individuals with disabilities (defined broadly to include people with hearing, vision, movement, manipulative, speech, and cognitive disabilities) about product or service accessibility barriers and solutions;
   
   
2. Descriptions of the accessibility features of products and services;
   
   
3. Information about the compatibility of products and services with peripheral devices or specialized customer premises equipment commonly used by individuals with disabilities; and
   
   
4. The extent to which, if a product or service is not accessible, compliance was not "achievable" (or "readily achievable" in the case of telecommunications or interconnected VoIP services offered prior to October 8, 2010).

Records must be updated and maintained until two years after a product or service ceases to be offered. Significantly, these same records may be relied upon by covered entities when defending against complaints that covered services and products are not accessible.

If a covered entity determines that accessibility is not achievable, the entity's records should demonstrate that the conclusion was based on the following four factors:

1. The nature and cost of steps needed to make the product or service accessible;
   
   
2. The technical or economic impact on the operations of the manufacturer or provider and on the operation of the specific equipment or service in question;
   
   
3. The types of operations of the manufacturer or provider; and
   
   
4. The extent to which the service provider or manufacturer offers services or equipment containing varying degrees of functionality and features and at differing price points.

Please contact DWT if you would like assistance in developing recordkeeping processes that meet the FCC requirements and/or completing the required online certification by April 1, 2025.