Goto Section: 47cfr80.pdf.5 | 47cfr80.pdf.7 | Table of Contents

FCC 47cfr80.pdf.6
Revised as of October 1, 2007
Goto Year:2006 | 2008
  
   Skip to content. Skip to side navigation. Quick Navigation:
     * Resources by Topic
     * Business & Economy
     * Education
     * Environment
     * Food & Drugs
     * Grants & Awards
     * Health & Safety
     * Military & Security
     * Science & Technology
     * Social Programs
     * Transportation

   Skip to content. Skip to side navigation. 
   GPO Access Home Page. 

                                                        Quick Navigation:

   [Resources by Topic..] Jump to selected topic. 

                                                             Site Search:
                                                                 advanced

                                       ____________________ Submit Search

   Navigation Bar

             National Archives and Records Administration logo.

                             Database Features.

                                     •

   Browse

                                     •

   Simple Search 

                                     •

   Advanced Search

   * Boolean
                                 * Proximity
   • Search History
   • Search Tips

                                     •

   Corrections

                                     •

   Latest Updates
   • User Info
   • FAQs

                                     •

   Agency List

                                     •

   e-CFR Main Page

                             Related Resources

                                     •

   Code of Federal Regulations

                                     •

   Federal Register

                                     •

   List of CFR
   Sections Affected

                                     •

   Regulations.gov

                                     •

   Unified Agenda

                                     •

   All NARA Publications
   About Government.
   Ben's Guide Logo. 
   Ben's Guide
   to U.S.
   Government

                             Get Adobe Reader 

   Home Page > Executive Branch > Code of Federal Regulations > Electronic Code
   of Federal Regulations

                                 blue pill
                e-CFR Data is current as of October 1, 2007

   Title 47: Telecommunication

   Browse Previous | Browse Next

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.
   Browse Previous | Browse Next
             _________________________________________________

  For questions or comments regarding e-CFR editorial content, features, or
                        design, email ecfr@nara.gov.
   For questions concerning e-CFR programming and delivery issues, email
                              webteam@gpo.gov.
                        Section 508 / Accessibility
   August 1, 2007 -->


Goto Section: 47cfr80.pdf.5 | 47cfr80.pdf.7

Goto Year: 2006 | 2008
CiteFind - See documents on FCC website that cite this rule

Want to support this service?
Thanks!

Report errors in this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public