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FCC 1.1803
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1803 Definitions.
For purposes of this part, the term—
Auxiliary aids means services or devices that enable persons with impaired
sensory, manual, or speaking skills to have an equal opportunity to
participate in, and enjoy the benefits of, programs or activities conducted
by the Commission. For example, auxiliary aids useful for persons with
impaired vision include readers, Brailled materials, audio recordings, and
other similar services and devices. Auxiliary aids useful for persons with
impaired hearing include telephone handset amplifiers, telephones compatible
with hearing aids, telecommunication devices for deaf persons (TTY/TDDs),
interpreters, Computer-aided realtime transcription (CART), captioning,
notetakers, written materials, and other similar services and devices.
Commission means Federal Communications Commission.
Complete complaint means a written statement, or a complaint in audio,
Braille, electronic, and/or video format, that contains the complainant's
name and address and describes the Commission's alleged discriminatory
action in sufficient detail to inform the Commission of the nature and date
of the alleged violation of section 504. It shall be signed by the
complainant or by someone authorized to do so on his or her behalf. The
signature of the complainant, or signature of someone authorized by the
complainant to do so on his or her behalf, shall be provided on print
complaints. Complaints in audio, Braille, electronic, and/or video formats
shall contain an affirmative identity statement of the individual, which for
this purpose shall be considered to be functionally equivalent to a
complainant's signature. Complaints filed on behalf of classes or third
parties shall describe or identify (by name, if possible) the alleged
victims of discrimination.
Facility means all or any portion of buildings, structures, equipment,
roads, walks, parking lots, or other real or personal property.
General Counsel means the General Counsel of the Federal Communications
Commission.
Individual with a disability means any individual who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment. As used in this definition, the phrase:
(1) Physical or mental impairment includes, but is not limited to—
(i) Any physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
Neurological; musculoskeletal; special sense organs; respiratory, including
speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic
and lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific learning
disabilities;
(iii) Diseases and conditions such as orthopedic, visual, speech, and
hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple
sclerosis; cancer; heart disease; diabetes; mental retardation; emotional
illness; and drug addiction and alcoholism.
(2) Major life activities include functions such as caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
(3) Has a record of such an impairment means has a history of, or has been
misclassified as having, a mental or physical impairment that substantially
limits one or more major life activities.
(4) Is regarded as having an impairment means—
(i) Has a physical or mental impairment that does not substantially limit
major life activities but is treated by the Commission as constituting such
a limitation;
(ii) Has a physical or mental impairment that substantially limits major
life activities only as a result of the attitudes of others toward such
impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by the Commission as having such impairment.
Managing Director means the individual delegated authority as described in
47 CFR 0.11.
Programs or Activities mean any activity of the Commission permitted or
required by its enabling statutes, including but not limited to any
licensing or certification program, proceeding, investigation, hearing,
meeting, board or committee.
Qualified individual with a disability means—
(1) With respect to any Commission program or activity under which an
individual is required to perform services or to achieve a level of
accomplishment, an individual with a disability who, with or without
reasonable modification to rules, policies, or practices or the provision of
auxiliary aids, meets the essential eligibility requirements for
participation in the program or activity and can achieve the purpose of the
program or activity; or
(2) With respect to any other program or activity, an individual with a
disability who, with or without reasonable modification to rules, policies,
or practices or the provision of auxiliary aids, meets the essential
eligibility requirements for participation in, or receipt of benefits from,
that program or activity; or
(3) The definition of that term as defined for purposes of employment in 29
CFR 1630.2(m), which is made applicable to this part by § 1.1840.
Section 504 means section 504 of the Rehabilitation Act of 1973, Public Law
93-112, 87 Stat. 394, 29 U.S.C. 794, as amended by the Rehabilitation Act
Amendments of 1974, Public Law 93-516, 88 Stat. 1617, and the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, Public Law 95-602, 92 Stat. 2955, and the Rehabilitation
Act Amendments of 1986, sec. 103(d), Public Law 99-506, 100 Stat. 1810. As
used in this part, section 504 applies only to programs or activities
conducted by Executive agencies and not to federally assisted programs.
Section 504 means section 504 of the Rehabilitation Act of 1973, Public Law
93-112, 87 Stat. 394, 29 U.S.C. 794, as amended. As used in this part,
section 504 applies only to programs or activities conducted by Executive
agencies and not to federally assisted programs.
[ 68 FR 22316 , Apr. 28, 2003, as amended at 76 FR 70909 , Nov. 16, 2011]
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Goto Section: 1.1802 | 1.1805
Goto Year: 2014 |
2016
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