Goto Section: 79.106 | 79.108 | Table of Contents
Revised as of October 2, 2015
Goto Year:2014 |
§ 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
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
(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
(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
(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
(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.
(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
(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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Goto Section: 79.106 | 79.108
Goto Year: 2014 |
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