§  79.105   Audio description and emergency information accessibility
requirements for all apparatus.

   (a) Effective May 26, 2015, all apparatus that is designed to receive
   or play back video programming transmitted simultaneously with sound
   that is provided by entities subject to § § 79.2 and 79.3, is
   manufactured in the United States or imported for use in the United
   States, and uses a picture screen of any size, must have the capability
   to decode and make available the secondary audio stream if technically
   feasible, unless otherwise provided in this section, which will
   facilitate the following services:

   (1) The transmission and delivery of audio description services as
   required by § 79.3; and

   (2) Emergency information (as that term is defined in § 79.2) in a
   manner that is accessible to individuals who are blind or visually
   impaired.

   Note 1 to paragraph (a): Apparatus includes the physical device and the
   video player(s) capable of displaying video programming transmitted
   simultaneously with sound that manufacturers install into the devices
   they manufacture before sale, whether in the form of hardware,
   software, or a combination of both, as well as any video players
   capable of displaying video programming transmitted simultaneously with
   sound that manufacturers direct consumers to install after sale.

   Note 2 to paragraph (a): This paragraph places no restrictions on the
   importing, shipping, or sale of apparatus that were manufactured before
   May 26, 2015.

   (b) Exempt apparatus—(1) Display-only monitors. Apparatus or class of
   apparatus that are display-only video monitors with no playback
   capability are not required to comply with the provisions of this
   section.

   (2) Professional or commercial equipment. Apparatus or class of
   apparatus that are professional or commercial equipment not typically
   used by the public are not required to comply with the provisions of
   this section.

   (3)(i) Apparatus that use a picture screen of less than 13 inches in
   size must comply with the provisions of this section only if doing so
   is achievable as defined in this section. Manufacturers of apparatus
   that use a picture screen of less than 13 inches in size may petition
   the Commission for a full or partial exemption from the audio
   description and emergency information requirements of this section
   pursuant to § 1.41 of this chapter, which the Commission may grant upon
   a finding that the requirements of this section are not achievable, or
   may assert that such apparatus is fully or partially exempt as a
   response to a complaint, which the Commission may dismiss upon a
   finding that the requirements of this section are not achievable.

   (ii) The petitioner or respondent must support a petition for exemption
   or a response to a complaint with sufficient evidence to demonstrate
   that compliance with the requirements of this section is not
   “achievable” where “achievable” means with reasonable effort or
   expense. The Commission will consider the following factors when
   determining whether the requirements of this section are not
   “achievable:”

   (A) The nature and cost of the steps needed to meet the requirements of
   this section with respect to the specific equipment or service in
   question;

   (B) The technical and economic impact on the operation of the
   manufacturer or provider and on the operation of the specific equipment
   or service in question, including on the development and deployment of
   new communications technologies;

   (C) The type of operations of the manufacturer or provider; and

   (D) The extent to which the service provider or manufacturer in
   question offers accessible services or equipment containing varying
   degrees of functionality and features, and offered at differing price
   points.

   (4) Waiver. Manufacturers of apparatus may petition the Commission for
   a full or partial waiver of the requirements of this section, which the
   Commission may grant upon a finding that the apparatus meets one of the
   following provisions:

   (i) The apparatus is primarily designed for activities other than
   receiving or playing back video programming transmitted simultaneously
   with sound; or

   (ii) The apparatus is designed for multiple purposes, capable of
   receiving or playing back video programming transmitted simultaneously
   with sound but whose essential utility is derived from other purposes.

   (c) Interconnection. Covered apparatus shall use interconnection
   mechanisms that make available the audio provided via a secondary audio
   stream.

   (d) Beginning December 20, 2016, all apparatus subject to this section
   must provide a simple and easy to use mechanism for activating the
   secondary audio stream for audible emergency information.

   Note to paragraph (d): This paragraph places no restrictions on the
   importing, shipping, or sale of navigation devices that were
   manufactured before December 20, 2016.

   [ 78 FR 31798 , May 24, 2013, as amended at  80 FR 39715 , July 10, 2015;
    85 FR 76486 , Nov. 30, 2020]