§ 79.107   User interfaces provided by digital apparatus.

   (a)(1) A manufacturer of digital apparatus manufactured in or imported for
   use  in  the  United States and designed to receive or play back video
   programming  transmitted  in digital format simultaneously with sound,
   including  apparatus  designed to receive or display video programming
   transmitted in digital format using Internet protocol, must ensure that
   digital apparatus be designed, developed, and fabricated so that control of
   appropriate  built-in  functions included in the digital apparatus are
   accessible to and usable by individuals who are blind or visually impaired.
   Digital apparatus do not include navigation devices as defined in § 76.1200
   of this chapter. Manufacturers must comply with the provisions of this
   section only if achievable as defined in § 79.107(c)(2).

   Note 1 to paragraph (a)(1): The term digital apparatus as used in this
   section includes the physical device and the video player(s) capable of
   displaying video programming transmitted in digital format 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
   in digital format transmitted simultaneously with sound that manufacturers
   direct  consumers  to  install  after sale. The term software includes
   third-party  applications  that  are  pre-installed on a device by the
   manufacturer or that the manufacturer directs consumers to install after
   sale.

   Note 2 to paragraph (a)(1): This paragraph places no restrictions on the
   importing, shipping, or sale of digital apparatus manufactured before the
   applicable compliance deadline for this section.

   (2) If on-screen text menus or other visual indicators built in to the
   digital apparatus are used to access the appropriate built-in apparatus
   functions, manufacturers of the digital apparatus must ensure that those
   functions are accompanied by audio output that is either integrated or
   peripheral to the digital apparatus, so that such menus or indicators are
   accessible to and usable by individuals who are blind or visually impaired
   in real time.

   (3)  For appropriate built-in digital apparatus functions that are not
   accessed through on screen text menus or other visual indicators, i.e.,
   those that are not required to be accompanied by audio output in accordance
   with paragraph (a)(2) of this section, manufacturers of digital apparatus
   must make such functions accessible to individuals who are blind or visually
   impaired by ensuring that the input, control, and mechanical functions are
   locatable,  identifiable,  and operable in accordance with each of the
   following, assessed independently:

   (i) Operable without vision. The digital apparatus must provide at least one
   mode that does not require user vision.

   (ii)  Operable  with low vision and limited or no hearing. The digital
   apparatus must provide at least one mode that permits operation by users
   with  visual acuity between 20/70 and 20/200, without relying on audio
   output.

   (iii) Operable with little or no color perception. The digital apparatus
   must provide at least one mode that does not require user color perception.

   (4) Appropriate built-in apparatus functions are those functions that are
   used for receiving, playing back, or displaying video programming, and
   include the following functions:

   (i) Power On/Off. Function that allows the user to turn the device on or
   off.

   (ii) Volume Adjust and Mute. Function that allows the user to adjust the
   volume and to mute or un-mute the volume.

   (iii) Channel/Program Selection. Function that allows the user to select
   channels and programs (e.g., via physical numeric or channel up/channel down
   buttons or via on screen guides and menus).

   (iv) Display Channel/Program Information. Function that allows the user to
   display channel or program information.

   (v) Configuration—Setup. Function that allows the user to access and change
   configuration or setup options (e.g., configuration of video display and
   audio settings, selection of preferred language for onscreen guides or
   menus, etc.).

   (vi) Configuration—CC Control. Function that allows the user to enable or
   disable the display of closed captioning.

   (vii) Configuration—CC Options. Function that allows the user to modify the
   display of closed caption data (e.g., configuration of the font size, font
   color, background color, opacity, etc.).

   (viii) Configuration—Video Description Control. Function that allows the
   user to enable or disable the output of video description (i.e., allows the
   user  to change from the main audio to the secondary audio stream that
   contains video description, and from the secondary audio stream back to the
   main audio).

   (ix) Display Configuration Info. Function that allows the user to display
   how user preferences are currently configured.

   (x) Playback Functions. Function that allows the user to control playback
   functions (e.g., pause, play, rewind, fast forward, stop, and record).

   (xi)  Input  Selection.  Function that allows the user to select their
   preferred input source.

   (b) Compliance deadline. Compliance with the requirements of this section is
   required no later than December 20, 2016; except that compliance with the
   requirements of this section is required no later than December 20, 2021 for
   the following digital apparatus:

   (1) Display-only monitors and video projectors;

   (2) Devices that are primarily designed to capture and display still and/or
   moving images consisting of consumer generated media, or of other images
   that are not video programming as defined under § 79.4(a)(1) of this part,
   and that have limited capability to display video programming transmitted
   simultaneously with sound; and

   (3) Devices that are primarily designed to display still images and that
   have  limited  capability  to  display  video  programming transmitted
   simultaneously with sound.

   (c)(1) Achievable. Manufacturers of digital apparatus:

   (i)  May  file a petition seeking a determination from the Commission,
   pursuant to § 1.41 of this chapter, that compliance with the requirements of
   this  section is not achievable, which the Commission may grant upon a
   finding that such compliance is not achievable, or

   (ii) May raise as a defense to a complaint or Commission enforcement action
   that a particular digital apparatus does not comply with the requirements of
   this section because compliance was not achievable, and the Commission may
   dismiss a complaint or Commission enforcement action upon a finding that
   such compliance is not achievable.

   (2) The petitioner or respondent must support a petition filed pursuant to
   paragraph (c)(1) of this section or a response to a complaint or Commission
   enforcement action with sufficient evidence to demonstrate that compliance
   with the requirements of this section is not “achievable.” “Achievable”
   means with reasonable effort or expense. The Commission will consider the
   following factors when determining whether compliance with the requirements
   of this section is not “achievable” under the factors set out in 47 U.S.C.
   617(g):

   (i) 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;

   (ii) 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;

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

   (iv) 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.

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