# 192

DJ 202-012

II-1.2000
II-1.3000
II-5.3000
II-6.0000 April 25, 1996

Ms. Crystal Beutler

Paralegal
Pacific Telesis Legal Group
525 B Street, Suite 900
San Diego, California 92101

Dear Ms. Beutler:

I am responding to your inquiry of March 14, 1996, on behalf

of Pacific Bell regarding the application of the Americans with
Disabilities Act of 1990 (ADA) to the obligations of a telephone
service provider when it installs telephone lines and facilities
on or under public streets.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
It does not, however, constitute a legal interpretation or
advice, and it is not binding on the Department.

Your letter states that municipal governments in California

are requiring Pacific Bell to install curb ramps whenever Pacific
Bell performs construction work in the public streets. Pacific
Bell objects to this requirement, asserting that it should not be
required to install these curb ramps because Pacific Bell is not
a public entity subject to title II of the ADA. You have asked
the Department to clarify Pacific Bell's obligations under title
II.

Title II of the ADA provides that

 [N]o qualified individual with a disability shall, by
reason of such disability, be excluded from
participation in or be denied the benefits of the
services, programs, or activities of a public entity,
or be subjected to discrimination by any such entity.
42 U.S.C. 12132. State and local governments and any
departments, agencies, or instrumentalities of State and local
governments are public entities subject to title II. Under these
definitions, it is clear that only public entities and
individuals acting on behalf of public entities have an
obligation to comply with title II. A private corporation that
operates pursuant to a franchise or license issued by a State or
local government usually would not be considered to be a public
entity subject to title II.

However, the fact that Pacific Bell is not directly subject

to title II does not mean that municipal governments may not
require Pacific Bell to construct curb ramps when its
construction projects involve alterations to public streets and
sidewalks. The ADA recognizes that public entities employ many
different methods of operating their programs. Therefore, the
Department's regulations do not attempt to limit the types of
arrangements that municipal governments may utilize to ensure
that they meet their obligation to comply with title II.
Municipal governments may exercise the full range of authority
permitted to them by State law when they are developing their
compliance plans. Therefore, nothing in the ADA regulations
would prohibit California municipalities from requiring Pacific
Bell to install curb ramps when it undertakes construction
projects.

I hope that this information assists you to understand the

requirements of the ADA.

Sincerely,

John L. Wodatch
Chief
Disability Rights Section