Goto Section: 1.1849 | 1.1851 | Table of Contents
FCC 1.1850
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 1.1850 Program accessibility: Existing facilities.
(a) General. Except as otherwise provided in this paragraph, the
Commission shall operate each program or activity so that the program
or activity, when viewed in its entirety, is readily accessible to and
usable by individuals with disabilities. This paragraph does not—
(1) Necessarily require the Commission to make each of its existing
facilities accessible to and usable by individuals with disabilities;
(2) Require the Commission to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a program or
activity, or in undue financial and administrative burdens. In those
circumstances where Commission personnel believe that the proposed
action would fundamentally alter the program or activity or would
result in undue financial and administrative burdens, the Commission
has the burden of proving that compliance with § 1.1850(a) would result
in such alteration or burdens. The decision that compliance would
result in such alteration or burdens must be made by the Managing
Director, in consultation with the Section 504 Officer, after
considering all Commission resources available for use in the funding
and operation of the conducted program or activity, and must be
accompanied by a written statement of the reasons for reaching that
conclusion. If an action would result in such an alteration or such
burdens, the Commission shall take any other action that would not
result in such an alteration or such burdens but would nevertheless
ensure that individuals with disabilities receive the benefits and
services of the program or activity.
(b) Methods. The Commission may comply with the requirements of this
section through such means as the redesign of equipment, reassignment
of services to accessible buildings, assignment of aides to
beneficiaries, home visits, delivery of services at alternate
accessible sites, alteration of existing facilities and construction of
new facilities, or any other methods that result in making its programs
or activities readily accessible to and usable by individuals with
disabilities. The Commission is not required to make structural changes
in existing facilities where other methods are effective in achieving
compliance with this section. The Commission, in making alterations to
existing buildings, shall meet accessibility requirements to the extent
compelled by the Architectural Barriers Act of 1968, as amended (42
U.S.C. 4151-4157), and any regulations implementing it. In choosing
among available methods for meeting the requirements of this section,
the Commission shall give priority to those methods that offer programs
and activities to qualified individuals with disabilities in the most
integrated setting appropriate.
(c) Time period for compliance. The Commission shall comply with the
obligations established under this section within sixty (60) days of
the effective date of this subpart, except that where structural
changes in facilities are undertaken, such changes shall be made within
three (3) years of the effective date of this part.
(d) Transition plan. In the event that structural changes to facilities
will be undertaken to achieve program accessibility, the Commission
shall develop, within six (6) months of the effective date of this
subpart, a transition plan setting forth the steps necessary to
complete such changes. The Commission shall provide an opportunity to
interested persons, including individuals with disabilities or
organizations representing individuals with disabilities, to
participate in the development of the transition plan by submitting
comments (both oral and written). A copy of the transitional plan shall
be made available for public inspection. The plan shall, at a minimum—
(1) Identify physical obstacles in the Commission's facilities that
limit the accessibility of its programs or activities to individuals
with disabilities;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
(3) Specify the schedule for taking the steps necessary to achieve
compliance with this section and, if the time period of the transition
plan is longer than one (1) year, identify steps that will be taken
during each year of the transition period; and
(4) Indicate the official responsible for implementation of the plan.
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Goto Section: 1.1849 | 1.1851
Goto Year: 2011 |
2013
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