As of  April 1, 2015, FCC had received 48 RDAs and no informal or formal  complaints. FCC Has Conducted Public Outreach Efforts but Has Not Evaluated Their Effectiveness

FCC has undertaken numerous efforts to conduct its CVAA-mandated  informational and educational program to inform the public about the act’s  protections and remedies. the key practices we identified and found FCC’s efforts did not always  align with the key practices, as shown in table 1. FCC Has Taken Limited Actions to Ensure and Determine Compliance with Recordkeeping Provisions and with Accessibility Requirements

		FCC Established a Database to Facilitate Industry Self-Certifications

The primary action FCC has taken to ensure industry’s compliance with  CVAA’s recordkeeping requirements was to establish the  Recordkeeping Compliance Certification and Contact Information  (RCCCI) Registry, which is maintained on FCC’s website. Companies  subject to any of CVAA’s accessibility requirements must submit an  annual certification to FCC that they are maintaining records of their  efforts to make their products accessible through the RCCCI Registry. Furthermore, FCC cannot say whether industry is fully complying with the  requirements to make products and services accessible. However,  FCC lacks an objective measure for making this determination. In the  2014 biennial report to Congress, FCC based its determination of  industry compliance primarily on the public comments it received and  industry association reports to prepare the final report. For example,  based on comments it received, FCC determined that Section 255  companies increased the availability of accessible telecommunications  equipment and that Section 716 and 718 companies “made efforts to  comply.” Although such commentary does not enable FCC to objectively  determine industry compliance, developing an objective measure might  not be cost-effective because to date, FCC has received no informal or  formal complaints asserting non-compliance with CVAA accessibility  requirements. Stakeholders Indicate CVAA’s Recordkeeping Obligations Have Had Minimal Effects Thus Far on the Development and Deployment of New Communications Technologies

Stakeholders we surveyed and interviewed generally reported that  CVAA’s recordkeeping obligations have not affected the development and  deployment of new communications technologies. As shown in figure  6, we estimate that 72 percent of companies view those requirements as  having had no effect on their development and deployment of new  communications technologies. In our interviews, industry associations and advocates for people with  disabilities generally indicated that product accessibility had improved  since the passage of CVAA. Representatives from industry associations  highlighted a number of association-led efforts to bring industry and  consumers together to ensure that the needs of consumers with  disabilities are being addressed. Advocates  for people with disabilities indicated that there were still many ways in  which the accessibility of communications technology could be further  improved, but some believed that CVAA resulted in more widely available  accessible technology. In the written  comments, FCC stated that it agreed with our recommendation and noted  that evaluating its public outreach efforts could enable FCC to determine  whether current resources allocated to these efforts are appropriate and  help to ensure the quality, quantity, and timeliness of such efforts. This report presents information on (1)  the extent to which FCC established complaint and enforcement  procedures within the time frames required by CVAA and conducted  public outreach, (2) the actions FCC has taken to ensure industry  compliance with CVAA’s recordkeeping provisions and to determine the  level of industry compliance with accessibility requirements, and (3)  stakeholders’ views on the effect of CVAA’s recordkeeping obligations on the development and deployment of new communications technologies.We did not assess the effectiveness of CVAA’s enforcement provisions  and FCC’s enforcement procedures to ensure compliance with CVAA  because FCC had not taken any enforcement actions at the time of our  review. Appendix III: Federal Communications Commission’s (FCC) Actions Implementing the Accessibility Complaint and Enforcement Procedures Required by the 21st Century Communications and Video Accessibility Act of 2010 (CVAA)

Appendix III: Federal Communications  Commission’s (FCC) Actions Implementing the  Accessibility Complaint and Enforcement  Procedures Required by the 21st Century  Communications and Video Accessibility Act  of 2010 (CVAA)
Section 717 provisions related to FCC’s establishment of  complaint and enforcement procedures  FCC shall establish regulations within one year after CVAA’s  enactment on October 8, 2010, that facilitate the filing of formal  and informal complaints that allege a violation of Section 255,  716, or 718. FCC does not charge a fee for filing an informal complaint.
Why GAO Did This Study

CVAA was enacted to help ensure that people with disabilities have full access to the benefits of technological advances in communications. The act required FCC to establish regulations and conduct public outreach and included a provision that GAO review FCC's efforts. GAO examined (1) the extent to which FCC established complaint and enforcement procedures within CVAA-required time frames and conducted public outreach, (2) the actions FCC has taken to ensure industry compliance with CVAA's recordkeeping provisions and to determine the level of industry compliance with accessibility requirements, and (3) stakeholders' views on the effect of CVAA's recordkeeping obligations on the development and deployment of new communications technologies.
GAO reviewed FCC's regulations, orders, and biennial reports to Congress; surveyed a random sample of companies certifying compliance with CVAA requirements; assessed FCC's efforts to conduct public outreach against key practices GAO previously identified through an expert panel; and interviewed FCC officials and representatives from industry associations, consumer advocate groups, and disability research organizations selected based on CVAA-related comments they submitted to FCC.

What GAO Found

The Federal Communications Commission (FCC) established accessibility complaint and enforcement procedures within the time frames mandated by the 21st Century Communications and Video Accessibility Act of 2010 (CVAA) to ensure that people with disabilities would have access to advanced communications. FCC's complaint and enforcement procedures enable consumers to file (1) a pre-complaint Request for Dispute Assistance (RDA), (2) an informal complaint, or (3) a formal complaint if consumers believe a communications product or service is not accessible to people with disabilities. From October 8, 2013, to April 1, 2015, FCC received 48 RDAs and no informal or formal complaints. FCC has undertaken numerous efforts to inform the public about CVAA's protections and remedies by, for example, hosting seminars and webinars and publishing consumer guides on accessibility issues. However, GAO found FCC's efforts do not always align with key practices for conducting public outreach. In particular, FCC has not evaluated the effectiveness of its public outreach efforts. Without such an evaluation, FCC does not know the program's effectiveness in informing the public of the protections and remedies available under CVAA and thus cannot reasonably assure the quality, quantity, and timeliness of the outreach program. Evaluating the outreach efforts would also enable FCC to determine whether current resources allocated to the outreach program are appropriate or need adjustment.
FCC has taken limited actions to ensure industry compliance with CVAA's recordkeeping provisions and does not know the extent to which industry is fully complying with the requirements to make products and services accessible. FCC established the Recordkeeping Compliance Certification and Contact Information Registry to help ensure industry compliance with recordkeeping requirements. Companies subject to any CVAA accessibility requirement must submit an annual certification to FCC that they are maintaining records of their efforts to make their products accessible through the Registry. FCC could not say whether industry is complying with CVAA accessibility requirements because FCC lacks an objective measure for making this determination. However, developing a measure might not be cost effective given that FCC has received no informal or formal complaints asserting non-compliance with these requirements. In FCC's 2014 biennial report to Congress, FCC based its determination of industry compliance on public comments and industry association reports.
Stakeholders GAO surveyed and interviewed generally reported that CVAA's recordkeeping obligations have not affected the development and deployment of new communications technologies. Specifically, GAO estimated that between 59 and 70 percent of companies view CVAA's recordkeeping requirements as having had no effect on their development and deployment of new communications technologies. Overall, industry associations and disability advocates GAO interviewed generally agreed that accessibility improved since the passage of CVAA. Industry associations highlighted a number of association-led efforts to bring industry and consumers together to ensure that the needs of disabled consumers are being addressed. Advocates for people with disabilities indicated that there were still many ways in which the accessibility of communications technology could be further improved, but some believed that CVAA resulted in more widely available accessible technology.

What GAO Recommends

FCC should evaluate its public outreach efforts and ensure those efforts incorporate key practices. FCC concurred with the recommendation and intends to take action to address it.