# 5


II-7.3000
DJ 192-180-04656                                   April 20, 1992









The Honorable Carl Levin
United States Senate
459 Russell Senate Office Building
Washington, D.C.  20510

Dear Senator Levin:

     I am writing in response to your recent inquiry on behalf of
your constituent, Paul Rogers of Charlotte, Michigan.

     We are aware of the concern expressed by your constituent
and the National Emergency Number Association about the provision
in our regulation implementing title II of the Americans with
Disabilities Act that states "telephone emergency services,
including 911 services, shall provide direct access to
individuals who use TDD's and computer modems."
 
     The apparent concern is that by mandating access to persons
using computer modems, the regulation may require that there be
access by every format that could be used by a modem, including
those that are not compatible with equipment presently used by
emergency service systems.  That is not the case.  The regulation
does not require telephone emergency systems to do anything that
is technologically infeasible; accordingly, we are interpreting
the requirement for access by computer modems to mean only when
the modem is using the Baudot format.  Until it can be
technically proven that communications in another format can
operate in a reliable and compatible manner in a given telephone
emergency, the public service answering point is not required to
provide direct access to computer modems using other formats.

     This interpretive guidance has been issued by the Department
of Justice in its recently published Technical Assistance Manual,
which is available from the Office on the Americans with
Disabilities Act, Post Office Box 66738, Washington D.C. 20035-
9998, telephone: (202) 514-0301.

                                   Sincerely,




                                 John R. Dunne
                           Assistant Attorney General
                             Civil Rights Division