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"the theoretical ACS ability of ereaders is irrelevant to how the overwhelming majority of users actually use the devices" I hope the FCC is smart enough to see thru their scam. The overwhelming majority of people don't have disabilities-so how the overwhelming majority of users actually use things is irrelevant to those things accommodations for people with disabilities.
They might win on the lack of need for 'strict' ereaders to access ACS, or they might not since I'm not sure what 'ACS' is. (I looked up the acronym. It stands for Advanced Communications Services which tells me almost nothing about what it is.) But their main argument is a bunch of hogwash. Or maybe whitewash.
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