Goto Section: 79.104 | 79.106 | Table of Contents
Revised as of October 2, 2015
Goto Year:2014 |
§ 79.105 Video 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 video 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
(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) Achievable. 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 video 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
(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
(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
(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]
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Goto Section: 79.104 | 79.106
Goto Year: 2014 |
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