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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
of Federal Regulations
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e-CFR Data is current as of October 1, 2007
Title 47: Telecommunication
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PART 6—ACCESS TO TELECOMMUNICATIONS SERVICE, TELECOMMUNICATIONS EQUIPMENT AND
CUSTOMER PREMISES EQUIPMENT BY PERSONS WITH DISABILITIES
___________________________________
Section Contents
Subpart A—Scope—Who Must Comply With These Rules?
§ 6.1 Applicability.
Subpart B—Definitions
§ 6.3 Definitions.
Subpart C—Obligations—What Must Covered Entities Do?
§ 6.5 General obligations.
§ 6.7 Product design, development, and evaluation.
§ 6.9 Information pass through.
§ 6.11 Information, documentation, and training.
Subpart D—Enforcement
§ 6.15 Generally.
§ 6.16 Informal or formal complaints.
§ 6.17 Informal complaints; form and content.
§ 6.18 Procedure; designation of agents for service.
§ 6.19 Answers to informal complaints.
§ 6.20 Review and disposition of informal complaints.
§ 6.21 Formal complaints, applicability of §§1.720 through 1.736 of this
chapter.
§ 6.22 Formal complaints based on unsatisfied informal complaints.
§ 6.23 Actions by the Commission on its own motion.
___________________________________
Authority: 47 U.S.C. 154(i), 154(j), 208, 255.
Link to an amendment published at 72 FR 43558 , Aug. 6, 2007.
Source: 64 FR 63251 , Nov. 19, 1999, unless otherwise noted.
Subpart A—Scope—Who Must Comply With These Rules?
top
§ 6.1 Applicability.
top
Link to an amendment published at 72 FR 43558 , Aug. 6, 2007.
The rules in this part apply to:
(a) Any provider of telecommunications service;
(b) Any manufacturer of telecommunications equipment or customer premises
equipment; and
(c) Any telecommunications carrier.
Subpart B—Definitions
top
§ 6.3 Definitions.
top
Link to an amendment published at 72 FR 43558 , Aug. 6, 2007.
(a) The term accessible shall mean that:
(1) Input, control, and mechanical functions shall be locatable,
identifiable, and operable in accordance with each of the following,
assessed independently:
(i) Operable without vision. Provide at least one mode that does not require
user vision.
(ii) Operable with low vision and limited or no hearing. Provide at least
one mode that permits operation by users with visual acuity between 20/70
and 20/200, without relying on audio output.
(iii) Operable with little or no color perception. Provide at least one mode
that does not require user color perception.
(iv) Operable without hearing. Provide at least one mode that does not
require user auditory perception.
(v) Operable with limited manual dexterity. Provide at least one mode that
does not require user fine motor control or simultaneous actions.
(vi) Operable with limited reach and strength. Provide at least one mode
that is operable with user limited reach and strength.
(vii) Operable with a Prosthetic Device. Controls shall be operable without
requiring body contact or close body proximity.
(viii) Operable without time-dependent controls. Provide at least one mode
that does not require a response time or allows response time to be
by-passed or adjusted by the user over a wide range.
(ix) Operable without speech. Provide at least one mode that does not
require user speech.
(x) Operable with limited cognitive skills. Provide at least one mode that
minimizes the cognitive, memory, language, and learning skills required of
the user.
(2) All information necessary to operate and use the product, including but
not limited to, text, static or dynamic images, icons, labels, sounds, or
incidental operating cues, comply with each of the following, assessed
independently:
(i) Availability of visual information. Provide visual information through
at least one mode in auditory form.
(ii) Availability of visual information for low vision users. Provide visual
information through at least one mode to users with visual acuity between
20/70 and 20/200 without relying on audio.
(iii) Access to moving text. Provide moving text in at least one static
presentation mode at the option of the user.
(iv) Availability of auditory information. Provide auditory information
through at least one mode in visual form and, where appropriate, in tactile
form.
(v) Availability of auditory information for people who are hard of hearing.
Provide audio or acoustic information, including any auditory feedback tones
that are important for the use of the product, through at least one mode in
enhanced auditory fashion ( i.e., increased amplification, increased
signal-to-noise ratio, or combination).
(vi) Prevention of visually-induced seizures. Visual displays and indicators
shall minimize visual flicker that might induce seizures in people with
photosensitive epilepsy.
(vii) Availability of audio cutoff. Where a product delivers audio output
through an external speaker, provide an industry standard connector for
headphones or personal listening devices ( e.g., phone-like handset or
earcup) which cuts off the speaker(s) when used.
(viii) Non-interference with hearing technologies. Reduce interference to
hearing technologies (including hearing aids, cochlear implants, and
assistive listening devices) to the lowest possible level that allows a user
to utilize the product.
(ix) Hearing aid coupling. Where a product delivers output by an audio
transducer which is normally held up to the ear, provide a means for
effective wireless coupling to hearing aids.
(b) The term compatibility shall mean compatible with peripheral devices and
specialized customer premises equipment commonly used by individuals with
disabilities to achieve accessibility to telecommunications services, and in
compliance with the following provisions, as applicable:
(1) External electronic access to all information and control mechanisms.
Information needed for the operation of products (including output, alerts,
icons, on-line help, and documentation) shall be available in a standard
electronic text format on a cross-industry standard port and all input to
and control of a product shall allow for real time operation by electronic
text input into a cross-industry standard external port and in
cross-industry standard format. The cross-industry standard port shall not
require manipulation of a connector by the user.
(2) Connection point for external audio processing devices. Products
providing auditory output shall provide the auditory signal at a standard
signal level through an industry standard connector.
(3) TTY connectability. Products which provide a function allowing voice
communication and which do not themselves provide a TTY functionality shall
provide a standard non-acoustic connection point for TTYs. It shall also be
possible for the user to easily turn any microphone on and off to allow the
user to intermix speech with TTY use.
(4) TTY signal compatibility. Products, including those providing voice
communication functionality, shall support use of all cross-manufacturer
non-proprietary standard signals used by TTYs.
(c) The term customer premises equipment shall mean equipment employed on
the premises of a person (other than a carrier) to originate, route, or
terminate telecommunications.
(d) The term disability shall mean a physical or mental impairment that
substantially limits one or more of the major life activities of an
individual; a record of such an impairment; or being regarded as having such
an impairment.
(e) The term manufacturer shall mean an entity that makes or produces a
product.
(f) The term peripheral devices shall mean devices employed in connection
with equipment covered by this part to translate, enhance, or otherwise
transform telecommunications into a form accessible to individuals with
disabilities.
(g) The term readily achievable shall mean, in general, easily
accomplishable and able to be carried out without much difficulty or
expense. In determining whether an action is readily achievable, factors to
be considered include:
(1) The nature and cost of the action needed;
(2) The overall financial resources of the manufacturer or service provider
involved in the action (the covered entity); the number of persons employed
by such manufacturer or service provider; the effect on expenses and
resources, or the impact otherwise of such action upon the operations of the
manufacturer or service provider;
(3) If applicable, the overall financial resources of the parent of the
entity; the overall size of the business of the parent entity with respect
to the number of its employees; the number, type, and location of its
facilities; and
(4) If applicable, the type of operation or operations of the covered
entity, including the composition, structure and functions of the workforce
of such entity; and the geographic separateness, administrative or fiscal
relationship of the covered entity in question to the parent entity.
(h) The term specialized customer premises equipment shall mean customer
premise equipment which is commonly used by individuals with disabilities to
achieve access.
(i) The term telecommunications equipment shall mean equipment, other than
customer premises equipment, used by a carrier to provide telecommunications
services, and includes software integral to such equipment (including
upgrades).
(j) The term telecommunications service shall mean the offering of
telecommunications for a fee directly to the public, or to such classes of
users as to be effectively available directly to the public, regardless of
the facilities used.
(k) The term usable shall mean that individuals with disabilities have
access to the full functionality and documentation for the product,
including instructions, product information (including accessible feature
information), documentation, bills and technical support which is provided
to individuals without disabilities.
Subpart C—Obligations—What Must Covered Entities Do?
top
§ 6.5 General obligations.
top
(a) Obligation of Manufacturers. (1) A manufacturer of telecommunications
equipment or customer premises equipment shall ensure that the equipment is
designed, developed and fabricated so that the telecommunications functions
of the equipment are accessible to and usable by individuals with
disabilities, if readily achievable.
(2) Whenever the requirements of paragraph (a)(1) of this section are not
readily achievable, the manufacturer shall ensure that the equipment is
compatible with existing peripheral devices or specialized customer premises
equipment commonly used by individuals with disabilities to achieve access,
if readily achievable.
(b) Obligation of Service Providers. (1) A provider of a telecommunications
service shall ensure that the service is accessible to and usable by
individuals with disabilities, if readily achievable.
(2) Whenever the requirements of paragraph (b)(1) of this section are not
readily achievable, the service provider shall ensure that the service is
compatible with existing peripheral devices or specialized customer premises
equipment commonly used by individuals with disabilities to achieve access,
if readily achievable.
(c) Obligation of Telecommunications Carriers. Each telecommunications
carrier must not install network features, functions, or capabilities that
do not comply with the guidelines and standards established pursuant to this
part or part 7 of this chapter.
§ 6.7 Product design, development, and evaluation.
top
(a) Manufacturers and service providers shall evaluate the accessibility,
usability, and compatibility of equipment and services covered by this part
and shall incorporate such evaluation throughout product design,
development, and fabrication, as early and consistently as possible.
Manufacturers and service providers shall identify barriers to accessibility
and usability as part of such a product design and development process.
(b) In developing such a process, manufacturers and service providers shall
consider the following factors, as the manufacturer deems appropriate:
(1) Where market research is undertaken, including individuals with
disabilities in target populations of such research;
(2) Where product design, testing, pilot demonstrations, and product trials
are conducted, including individuals with disabilities in such activities;
(3) Working cooperatively with appropriate disability-related organizations;
and
(4) Making reasonable efforts to validate any unproven access solutions
through testing with individuals with disabilities or with appropriate
disability-related organizations that have established expertise with
individuals with disabilities.
§ 6.9 Information pass through.
top
Telecommunications equipment and customer premises equipment shall pass
through cross-manufacturer, non-proprietary, industry-standard codes,
translation protocols, formats or other information necessary to provide
telecommunications in an accessible format, if readily achievable. In
particular, signal compression technologies shall not remove information
needed for access or shall restore it upon decompression.
§ 6.11 Information, documentation, and training.
top
Link to an amendment published at 72 FR 43558 , Aug. 6, 2007.
(a) Manufacturers and service providers shall ensure access to information
and documentation it provides to its customers, if readily achievable. Such
information and documentation includes user guides, bills, installation
guides for end-user installable devices, and product support communications,
regarding both the product in general and the accessibility features of the
product. Manufacturers shall take such other readily achievable steps as
necessary including:
(1) Providing a description of the accessibility and compatibility features
of the product upon request, including, as needed, in alternate formats or
alternate modes at no additional charge;
(2) Providing end-user product documentation in alternate formats or
alternate modes upon request at no additional charge; and
(3) Ensuring usable customer support and technical support in the call
centers and service centers which support their products at no additional
charge.
(b) Manufacturers and service providers shall include in general product
information the contact method for obtaining the information required by
paragraph (a) of this section.
(c) In developing, or incorporating existing training programs,
manufacturers and service providers, shall consider the following topics:
(1) Accessibility requirements of individuals with disabilities;
(2) Means of communicating with individuals with disabilities;
(3) Commonly used adaptive technology used with the manufacturer's products;
(4) Designing for accessibility; and
(5) Solutions for accessibility and compatibility.
Subpart D—Enforcement
top
§ 6.15 Generally.
top
(a) All manufacturers of telecommunications equipment or customer premise
equipment (CPE) and all providers of telecommunications services, as defined
under this subpart, are subject to the enforcement provisions specified in
the Act and the Commission's rules.
(b) For purposes of §§6.15 through 6.23, the term “manufacturers” shall
denote manufacturers of telecommunications equipment or CPE and the term
“providers” shall denote providers of telecommunications services.
§ 6.16 Informal or formal complaints.
top
Complaints against manufacturers or providers, as defined under this
subpart, for alleged violations of this subpart may be either informal or
formal.
§ 6.17 Informal complaints; form and content.
top
(a) An informal complaint alleging a violation of section 255 of the Act or
this subpart may be transmitted to the Commission by any reasonable means,
e.g., letter, facsimile transmission, telephone (voice/TRS/TTY), Internet
e-mail, ASCII text, audio-cassette recording, and braille.
(b) An informal complaint shall include:
(1) The name and address of the complainant;
(2) The name and address of the manufacturer or provider against whom the
complaint is made;
(3) A full description of the telecommunications equipment or CPE and/or the
telecommunications service about which the complaint is made;
(4) The date or dates on which the complainant either purchased, acquired or
used, or attempted to purchase, acquire or use the telecommunications
equipment, CPE or telecommunications service about which the complaint is
being made;
(5) A complete statement of the facts, including documentation where
available, supporting the complainant's allegation that: such
telecommunications service, or such telecommunications equipment or CPE, is
not accessible to, or usable by, a person with a particular disability or
persons with disabilities within the meaning of this subpart and section 255
of the Act; or that the defendant has otherwise failed to comply with the
requirements of this subpart;
(6) The specific relief or satisfaction sought by the complainant, and
(7) The complainant's preferred format or method of response to the
complaint by the Commission and defendant ( e.g., letter, facsimile
transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text,
audio-cassette recording, braille; or some other method that will best
accommodate the complainant's disability)
§ 6.18 Procedure; designation of agents for service.
top
Link to an amendment published at 72 FR 43559 , Aug. 6, 2007.
(a) The Commission shall promptly forward any informal complaint meeting the
requirements of §6.17 to each manufacturer and provider named in or
determined by the staff to be implicated by the complaint. Such
manufacturer(s) or provider(s) shall be called on to satisfy or answer the
complaint within the time specified by the Commission.
(b) To ensure prompt and effective service of informal and formal complaints
filed under this subpart, every manufacturer and provider subject to the
requirements of section 255 of the Act and this subpart, shall designate an
agent, and may designate additional agents if it so chooses, upon whom
service may be made of all notices, inquiries, orders, decisions, and other
pronouncements of the Commission in any matter before the Commission. Such
designation shall include, for both the manufacturer or the provider, a name
or department designation, business address, telephone number, and, if
available TTY number, facsimile number, and Internet e-mail address.
§ 6.19 Answers to informal complaints.
top
Link to an amendment published at 72 FR 43559 , Aug. 6, 2007.
Any manufacturer or provider to whom an informal complaint is directed by
the Commission under this subpart shall file an answer within the time
specified by the Commission. The answer shall:
(a) Be prepared or formatted in the manner requested by the complainant
pursuant to §6.17, unless otherwise permitted by the Commission for good
cause shown;
(b) Describe any actions that the defendant has taken or proposes to take to
satisfy the complaint;
(c) Advise the complainant and the Commission of the nature of the
defense(s) claimed by the defendant;
(d) Respond specifically to all material allegations of the complaint; and
(e) Provide any other information or materials specified by the Commission
as relevant to its consideration of the complaint.
§ 6.20 Review and disposition of informal complaints.
top
(a) Where it appears from the defendant's answer, or from other
communications with the parties, that an informal complaint has been
satisfied, the Commission may, in its discretion, consider the informal
complaint closed, without response to the complainant or defendant. In all
other cases, the Commission shall inform the parties of its review and
disposition of a complaint filed under this subpart. Where practicable, this
information, the nature of which is specified in paragraphs (b) through (d)
of this section, shall be transmitted to the complainant and defendant in
the manner requested by the complainant, ( e.g., letter, facsimile
transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text,
audio-cassette recording, or braille).
(b) In the event the Commission determines, based on a review of the
information provided in the informal complaint and the defendant's answer
thereto, that no further action is required by the Commission with respect
to the allegations contained in the informal complaint, the informal
complaint shall be closed and the complainant and defendant shall be duly
informed of the reasons therefor. A complainant unsatisfied with the
defendant's response to the informal complaint and the staff decision to
terminate action on the informal complaint may file a formal complaint with
the Commission, as specified in §6.22.
(c) In the event the Commission determines, based on a review of the
information presented in the informal complaint and the defendant's answer
thereto, that a material and substantial question remains as to the
defendant's compliance with the requirements of this subpart, the Commission
may conduct such further investigation or such further proceedings as may be
necessary to determine the defendant's compliance with the requirements of
this subpart and to determine what, if any, remedial actions and/or
sanctions are warranted.
(d) In the event that the Commission determines, based on a review of the
information presented in the informal complaint and the defendant's answer
thereto, that the defendant has failed to comply with or is presently not in
compliance with the requirements of this subpart, the Commission may order
or prescribe such remedial actions and/or sanctions as are authorized under
the Act and the Commission's rules and which are deemed by the Commission to
be appropriate under the facts and circumstances of the case.
§ 6.21 Formal complaints, applicability of §§1.720 through 1.736 of this
chapter.
top
Formal complaints against a manufacturer or provider, as defined under this
subpart, may be filed in the form and in the manner prescribed under §§1.720
through 1.736 of this chapter. Commission staff may grant waivers of, or
exceptions to, particular requirements under §§1.720 through 1.736 of this
chapter for good cause shown; provided, however, that such waiver authority
may not be exercised in a manner that relieves, or has the effect of
relieving, a complainant of the obligation under §§1.720 and 1.728 of this
chapter to allege facts which, if true, are sufficient to constitute a
violation or violations of section 255 of the Act or this subpart.
§ 6.22 Formal complaints based on unsatisfied informal complaints.
top
A formal complaint filing based on an unsatisfied informal complaint filed
pursuant to §4.16 of this chapter shall be deemed to relate back to the
filing date of the informal complaint if it is filed within ninety days from
the date that the Commission notifies the complainant of its disposition of
the informal complaint and based on the same operative facts as those
alleged in the informal complaint.
§ 6.23 Actions by the Commission on its own motion.
top
The Commission may on its own motion conduct such inquiries and hold such
proceedings as it may deem necessary to enforce the requirements of this
subpart and section 255 of the Communications Act. The procedures to be
followed by the Commission shall, unless specifically prescribed in the Act
and the Commission's rules, be such as in the opinion of the Commission will
best serve the purposes of such inquiries and proceedings.
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