The FCC proposed a $100,000 fine against Verizon Wireless for not producing documents concerning its premium visual voicemail service. The case concerns a complaint the Commission received related to the Twenty-First Century Communications and Video Accessibility Act of 2010. Congress passed the law to ensure that people with disabilities have access to innovative 21st century communications technologies. The CVAA included new requirements to support enforcement of accessibility obligations.
An individual with disabilities filed an informal complaint with the Commission’s Enforcement Bureau against Cellco Partnership d/b/a Verizon Wireless, alleging that the company’s Premium Visual Voicemail service was not accessible. In December 2021, Juan “Sophia” De Anda told the agency he had a Samsung Galaxy S-10 5G phone, and subscribed to Verizon’s Premium Visual Voicemail service to read voicemails on his phone.
The FCC says Verizon was obligated to address the allegations and summarize the actions it has taken to satisfy the complaint or explain why it either couldn’t or refused to do so. The carrier was also instructed to include a description of issues that may have impacted persons with disabilities’ ability to use Verizon’s visual voicemail and the period of time that lasted.
The Enforcement Bureau said Verizon “did not include a detailed description of any issues that may have impacted the ability of persons with disabilities to use Verizon’s visual voicemail, nor did it include any description or supporting documentation of actions that Verizon took to resolve these issues,” according to the bureau in its Notice of Apparent Liability. The bureau found postings on the company’s message board from customers who reported problems with the service.
Verizon told the FCC its Premium Visual Voicemail service is accessible, and that, if the service is not accessible, it is not readily achievable without De Anda’s cooperation. The company also argued that De Anda didn’t provide enough evidence to make a case and therefore, “it is not relevant or necessary for Verizon to review the accessibility design or other aspects of the service that lie outside of specific allegations here.”
According to the agency, Verizon didn’t provide the necessary information. It again asked the carrier to provide documentation supporting its claim the problem was specific to that person’s device. It also asked for information describing all instances where Verizon customers with disabilities were unable to use its (a) Voicemail service and (b) Premium Visual Voicemail service, and explain how the issues were resolved.
Verizon didn’t “fully respond” to the inquiries, according to the bureau. It said the carrier failed to provide the information that was needed to determine whether the service was accessible, and that Verizon was required to provide.
The action finds that “Verizon Wireless’s lack of responsiveness negatively impacted the bureau’s ability to carry out its duties, wasted Commission resources, and delayed potential relief to the complainant,” said the FCC in its decision. That’s why the bureau proposed a $100,000 fine against the carrier, for apparently violating its rules.
Verizon has 30 days to seek a reduction or cancellation, or pay the fine.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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