§  7.3   Definitions.

   (a) The term accessible shall mean that:

   (1) Input, control, and mechanical functions shall be locatable,
   identifiable, and operable in accordance with each of the following,
   assessed independently:

   (i) Operable without vision. Provide at least one mode that does not
   require user vision.

   (ii) Operable with low vision and limited or no hearing. 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. Provide at least one
   mode that does not require user color perception.

   (iv) Operable without hearing. Provide at least one mode that does not
   require user auditory perception.

   (v) Operable with limited manual dexterity. Provide at least one mode
   that does not require user fine motor control or simultaneous actions.

   (vi) Operable with limited reach and strength. Provide at least one
   mode that is operable with user limited reach and strength.

   (vii) Operable with a Prosthetic Device. Controls shall be operable
   without requiring body contact or close body proximity.

   (viii) Operable without time-dependent controls. Provide at least one
   mode that does not require a response time or allows a response to be
   by-passed or adjusted by the user over a wide range.

   (ix) Operable without speech. Provide at least one mode that does not
   require user speech.

   (x) Operable with limited cognitive skills. Provide at least one mode
   that minimizes the cognitive, memory, language, and learning skills
   required of the user.

   (2) All information necessary to operate and use the product, including
   but not limited to, text, static or dynamic images, icons, labels,
   sounds, or incidental operating cues, comply with each of the
   following, assessed independently:

   (i) Availability of visual information. Provide visual information
   through at least one mode in auditory form.

   (ii) Availability of visual information for low vision users. Provide
   visual information through at least one mode to users with visual
   acuity between 20/70 and 20/200 without relying on audio.

   (iii) Access to moving text. Provide moving text in at least one static
   presentation mode at the option of the user.

   (iv) Availability of auditory information. Provide auditory information
   through at least one mode in visual form and, where appropriate, in
   tactile form.

   (v) Availability of auditory information for people who are hard of
   hearing. Provide audio or acoustic information, including any auditory
   feedback tones that are important for the use of the product, through
   at least one mode in enhanced auditory fashion (i.e., increased
   amplification, increased signal-to-noise ratio, or combination).

   (vi) Prevention of visually-induced seizures. Visual displays and
   indicators shall minimize visual flicker that might induce seizures in
   people with photosensitive epilepsy.

   (vii) Availability of audio cutoff. Where a product delivers audio
   output through an external speaker, provide an industry standard
   connector for headphones or personal listening devices (e.g.,
   phone-like handset or earcup) which cuts off the speaker(s) when used.

   (viii) Non-interference with hearing technologies. Reduce interference
   to hearing technologies (including hearing aids, cochlear implants, and
   assistive listening devices) to the lowest possible level that allows a
   user to utilize the product.

   (ix) Hearing aid coupling. Where a product delivers output by an audio
   transducer which is normally held up to the ear, provide a means for
   effective wireless coupling to hearing aids.

   (3) Real-Time Text. Voice communication services subject to this part
   that are provided over wireless IP facilities and handsets and other
   text-capable end user devices used with such service that do not
   themselves provide TTY functionality, may provide TTY connectability
   and signal compatibility pursuant to paragraphs (b)(3) and (4) of this
   section, or support real-time text communications, in accordance with
   47 CFR part 67.

   (b) The term compatibility shall mean compatible with peripheral
   devices and specialized customer premises equipment commonly used by
   individuals with disabilities to achieve accessibility to voicemail and
   interactive menus, and in compliance with the following provisions, as
   applicable:

   (1) External electronic access to all information and control
   mechanisms. Information needed for the operation of products (including
   output, alerts, icons, on-line help, and documentation) shall be
   available in a standard electronic text format on a cross-industry
   standard port and all input to and control of a product shall allow for
   real time operation by electronic text input into a cross-industry
   standard external port and in cross-industry standard format. The
   cross-industry standard port shall not require manipulation of a
   connector by the user.

   (2) Connection point for external audio processing devices. Products
   providing auditory output shall provide the auditory signal at a
   standard signal level through an industry standard connector.

   (3) TTY connectability. Products which provide a function allowing
   voice communication and which do not themselves provide a TTY
   functionality shall provide a standard non-acoustic connection point
   for TTYs. It shall also be possible for the user to easily turn any
   microphone on and off to allow the user to intermix speech with TTY
   use.

   (4) TTY signal compatibility. Products, including those providing voice
   communication functionality, shall support use of all
   cross-manufacturer non-proprietary standard signals used by TTYs.

   (5) TTY Support Exemption. Voice communication services subject to this
   part that are offered over wireless IP facilities and equipment used
   with such services are not required to provide TTY connectability and
   TTY signal compatibility if such services and equipment support
   real-time text, in accordance with 47 CFR part 67.

   (c) The term customer premises equipment shall mean equipment employed
   on the premises of a person (other than a carrier) to originate, route,
   or terminate telecommunications.

   (d) The term disability shall mean a physical or mental impairment that
   substantially limits one or more of the major life activities of an
   individual; a record of such an impairment; or being regarded as having
   such an impairment.

   (e) The term interactive menu shall mean a feature that allows a
   service provider or operator of CPE to transmit information to a caller
   in visual and/or audible format for the purpose of management, control,
   or operations of a telecommunications system or service; and/or to
   request information from the caller in visual and/or audible format for
   the purpose of management, control, or operations of a
   telecommunications system or service; and/or to receive information
   from the caller in visual and/or audible format in response to a
   request, for the purpose of management, control, or operations of a
   telecommunications system or service. This feature, however, does not
   include the capability for generating, acquiring, storing,
   transforming, processing, retrieving, utilizing, or making available
   information via telecommunications for any purpose other than
   management, control, or operations of a telecommunications system or
   service.

   (f) The term manufacturer shall mean an entity that makes or produces a
   product.

   (g) The term peripheral devices shall mean devices employed in
   connection with equipment covered by this part to translate, enhance,
   or otherwise transform telecommunications into a form accessible to
   individuals with disabilities.

   (h) The term readily achievable shall mean, in general, easily
   accomplishable and able to be carried out without much difficulty or
   expense. In determining whether an action is readily achievable,
   factors to be considered include:

   (1) The nature and cost of the action needed;

   (2) The overall financial resources of the manufacturer or service
   provider involved in the action (the covered entity); the number of
   persons employed by such manufacturer or service provider; the effect
   on expenses and resources, or the impact otherwise of such action upon
   the operations of the manufacturer or service provider;

   (3) If applicable, the overall financial resources of the parent of the
   covered entity; the overall size of the business of the parent of the
   covered entity with respect to the number of its employees; the number,
   type, and location of its facilities; and

   (4) If applicable, the type of operation or operations of the covered
   entity, including the composition, structure and functions of the
   workforce of such entity; and the geographic separateness,
   administrative or fiscal relationship of covered entity in question to
   the parent entity.

   (i) The term specialized customer premises equipment shall mean
   customer premise equipment which is commonly used by individuals with
   disabilities to achieve access.

   (j) The term telecommunications equipment shall mean equipment, other
   than customer premises equipment, used by a carrier to provide
   telecommunications services, and includes software integral to such
   equipment (including upgrades).

   (k) The term telecommunications service shall mean the offering of
   telecommunications for a fee directly to the public, or to such classes
   of users as to be effectively available directly to the public,
   regardless of the facilities used.

   (l) The term usable shall mean that individuals with disabilities have
   access to the full functionality and documentation for the product,
   including instructions, product information (including accessible
   feature information), documentation, bills and technical support which
   is provided to individuals without disabilities.

   (m) The term Voicemail shall mean the capability of answering calls and
   recording incoming messages when a line is busy or does not answer
   within a pre-specified amount of time or number of rings; receiving
   those messages at a later time; and may also include the ability to
   determine the sender and time of transmission without hearing the
   entire message; the ability to forward the message to another voice
   massaging customer, with and/or without an appended new message; the
   ability for the sender to confirm receipt of a message; the ability to
   send, receive, and/or store facsimile messages; and possibly other
   features.

   (n) The term real-time text shall have the meaning set forth in § 67.1
   of this chapter.

   (o) The term text-capable end user device means customer premises
   equipment that is able to send, receive, and display text.

   [ 64 FR 63255 , Nov. 19, 1999, as amended at  82 FR 7706 , Jan. 23, 2017]

   

Subpart C--Obligations--What Must Covered Entities Do?