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person who does not have an obligation to become compliant with
the requirements set forth in the ADA could never make an
eligible access expenditure. As relevant here, the requirements
set forth in the ADA apply to (1) persons who own, lease, lease
to, or operate certain “public accommodations” and (2) “common
carriers” of telephone voice transmission services. See 42
U.S.C. sec. 12182(a) (2000); see also 47 U.S.C. sec. 225(c)
(2000). As discussed below, petitioner neither owned, leased,
leased to, or operated a public accommodation during 2001, nor
was he a “common carrier” of telephone voice transmission
services during 2001. Accordingly, petitioner was under no
obligation to become compliant with the requirements set forth in
the ADA during that year.
The general rule of ADA title III is that no individual
shall be discriminated against on the basis of disability in the
full and equal enjoyment of goods, services, facilities,
privileges, advantages, or accommodations of any place of public
accommodation by any person who owns, leases, leases to, or
operates a place of public accommodation. 42 U.S.C. sec.
12182(a). Thus, the ADA requires persons who own, lease, lease
to, or operate places of public accommodation to make reasonable
modifications in policies, practices, or procedures when such
modifications are necessary to afford such goods, services,
facilities, privileges, advantages, or accommodations to
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