Goto Section: 1.1849 | 1.1851 | Table of Contents
FCC 1.1850
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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: 2014 |
2016
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