52 Pa. Code § 69.221. Application of accessibility and usability standards to pay telephone service providers

52 Pa. Code § 69.221. Application of accessibility and usability standards to pay telephone service providers—statement of policy.

APPLICATION OF AMERICANS WITH DISABILITIES ACT AND UNIVERSAL ACCESSIBILITY ACT

§ 69.221. Application of accessibility and usability standards to pay telephone service providers—statement of policy.

(a)  Background. The Pennsylvania General Assembly has enacted the act of December 20, 1988 (P. L. 1296, No. 166), known as the Universal Accessibility Act (UAA) (71 P. S. § §  1455.1—1455.3b), to provide for the accessibility and usability of public buildings to persons with disabilities. The UAA is being implemented by the Department of Labor and Industry through regulations promulgated at 34 Pa. Code Chapter 60 (relating to Universal Accessibility Standards). The United States Congress enacted the Americans With Disabilities Act of 1990 (ADA) (42 U.S.C. § §  12101—12213) to similarly provide comprehensive civil rights protections to persons with disabilities. Protections involved in the Federal legislation include accessibility and usability of public accommodations. The Federal Department of Justice has promulgated regulations at 28 CFR Part 36 (relating to non-discrimination on the basis of disability by public accommodations and in commercial facilities), implementing the ADA and has adopted standards referred to as the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG). Both statutes and the underlying regulations are consistent with ADAAG and are applicable to the usability and accessibility of pay telephones in public buildings or accommodations; however, the compliance obligation is placed on the owner of the building or accommodation. While compliance with accessibility standards is under the primary control of the building owner or lessee, compliance with usability standards is clearly under the primary control of the pay telephone service provider. The Commission regulates the adequacy of service of pay telephone service providers operating in this Commonwealth under 66 Pa.C.S. §  1501 or Chapter 29 (relating to character of service and facilities; and telephone and telegraph wires). Clearly, the Commission has authority to exercise its jurisdiction over Pennsylvania pay telephone compliance with usability standards as required by the ADA as a component of adequacy of service. In this regard, the Commission finds it is in the public interest that ADAAG usability standards apply to pay telephones when compliance is required by the ADA.
(b)  Statement of policy. The provision of legally adequate pay telephone service in this Commonwealth should include compliance with ADAAG usability standards in the following instances where compliance with usability standards is required by the ADA:
   (1)  Pay telephone service in new or altered public accommodations.
   (2)  Pay telephone service in new or existing facilities used by public entities.
   (3)  Text telephone service in stadiums, arenas, convention centers and covered shopping malls.
   (4)  Text telephone service adjacent to hospital emergency rooms, hospital recovery rooms or hospital waiting rooms.
(c)  Compliance. The Commission intends to exercise its jurisdiction by promoting compliance with ADA requirements applicable to pay telephones and views pay telephone service providers legally responsible for usability violations.

Source

   The provisions of this §  69.221 adopted November 18, 1994, effective November 19, 1994, 24 Pa.B. 5755.

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